How Does Arbitration Work in a Divorce?

Arbitration in Texas, as in many other states, is a form of alternative dispute resolution (ADR) where parties involved in a legal dispute agree to submit their case to a neutral third party, known as an arbitrator, instead of going to court. The arbitrator acts as a judge, listening to both sides, reviewing evidence, and making a decision that is binding on both parties. Arbitration can be a less formal, more efficient, and perhaps less expensive alternative to traditional litigation.

You have the right to a trial in a divorce case, and arbitration is not required, but you might choose to arbitrate your case if Mediation has failed.

In Texas, the rules and procedures for arbitration can vary depending on the type of dispute and the agreement between the parties. The Texas Arbitration Act provides the legal framework for arbitration proceedings. You can choose arbitration as a method to resolve various types of disputes, including commercial disputes, consumer issues, employment matters, and  family law conflicts such as divorce and child custody.

The decision made by the arbitrator, known as the arbitration award, is final and legally binding, with limited grounds for appeal. This means that neither you or your spouse can take their case to court after the arbitration process has concluded unless there are specific legal grounds for challenging the arbitration award, such as fraud or misconduct.

Arbitration can provide you and your spouse with a more private, expedient, and customized process for resolving disputes compared to traditional litigation. However, it is essential to understand the implications of choosing arbitration, as it involves waiving the right to a trial by a Judge or jury and the right to appeal the arbitrator’s decision on the merits of the case. Parties considering arbitration in Texas should consult with an attorney familiar with Texas arbitration laws to ensure they fully understand their rights and responsibilities under the arbitration process.

Contact an Experienced Austin Arbitration Attorney Today

Sara E. Saltmarsh, Attorney at Law focuses her practice on family law and divorce cases. She is also a trained Mediator and Arbitrator.  She can offer you the support and guidance you need during this challenging time. Contact us today at (512) 476-1588 to schedule a consultation and let us assist you in navigating the divorce options available in Texas.

What Our Clients Say

“I retained Sara Saltmarsh while going through a divorce case. I have a new-found respect for attorneys after working with Sara. During a very tough case that was being frivolously extended by the opposition, Sara maintained impressive professionalism and integrity. I was also impressed with Sara’s diligence and attention to detail with regards to family law. I will now be using Sara Saltmarsh for my Will.”

~ T.B.