Virginia Arbitration Lawyer

When dealing with family law issues, some may choose to avoid litigation. Alternatives to going to court in a family law situation include mediation, negotiation, or arbitration. A Virginia arbitration lawyer can help determine if arbitration is a good fit for your circumstances, and how it could assist you in resolving your family law issues. Read on to learn more about arbitration cases, as well as the ways a skilled Virginia family attorney could make a difference for you.

Family Law Issues

In Virginia, arbitration agreements are binding on all the parties involved. Any issue that two individuals decide on during arbitration will be upheld by the court. However, an exception to this includes child custody and child support. While a court will most likely take the arbitration into consideration, they will not be bound by the agreement.

When determining child custody, the court must look at what is in the best interest of the child. Therefore, if the court believes that the arbitration agreement is not in the best interest of the child, they will not uphold that agreement. A Virginia arbitration lawyer can be available to help any family member in need of assistance through this process.

Arbitration vs. Mediation

Mediation is an extremely informal method of trying to reach a solution to a legal issue without having to go to court. Courts often recommend that individuals go through mediation in order to avoid any extra costly, lengthy procedures. Decisions in mediation are only made by the parties involved in the mediation–the mediator is there to help both sides come to an agreement, not to issue a decision.

Arbitration is less formal than court but more formal than mediation. The final decision will be made by the arbitrator. However, mediation is not binding on the parties and they can still go to court and go through the entire dispute all over again. Since the decision is not binding, courts are also not bound by the decision. On the other side, arbitration is binding on the parties and will be followed by the court, making the decision more final.

Benefits of Arbitration

Arbitration is faster than going to court, saving individuals both time and money. It is also less formal than a court proceeding which can give peace of mind regarding consequences for not filing the correct paperwork or other specific court-related rules. Arbitration decisions are final and binding, so there is no worry about appeals or non-binding decisions like in mediation. This lets individuals move forward with a concrete end to their disagreement.

Resolving Common Problems

Common family law issues that can be resolved through arbitration include prenuptial or postnuptial agreements that are now in dispute, dividing up property in a divorce, and deciding spousal support in a divorce. Know that Virginia arbitration lawyers can choose the arbitrator, who will be a former judge or a lawyer that practices family law. There is more flexibility in choosing dates and setting procedures in arbitration agreements, further ameliorating the process.

 

Reaching Out to an Experienced Virginia Arbitration Lawyer

If you know you do not want to go through the expense and time involved with a court trial, arbitration may be the method for you and your divorce or custody issues. Arbitration may be a better choice than mediation if you desire finality as the decision will be binding. A Virginia arbitration lawyer can represent you throughout the process to protect your legal rights. If you require legal assistance for your arbitration, reach out to a reliable Virginia arbitration lawyer today to schedule your initial consultation.