Most divorces in Georgia do not end up going to a final trial for resolution. Instead, they typically agree on settlement terms informally or in arbitration. If you are involved in a contested divorce where the issues have remained with no agreement throughout the whole process, then having to go to court is more likely than if your case had ended earlier at some point before this stage of proceedings began.
However, that does not mean you cannot still come to an agreement with your spouse and prevent the whole divorce from going to trial. It simply means you may need a new set of tools for deciding on the final settlement agreement.
Put simply, arbitration is alternative dispute resolution in the divorce process. It saves you from going to the final trial. Instead of resolving your dispute in court, your case is heard in private.
In order for arbitration to work, both spouses must agree on using arbitration instead of litigation in court to find their settlement agreement. Once that is agreed upon by both parties involved, then the divorce can be finalized and agreed upon through this method rather than going up before a judge and jury in court.
Marietta arbitration can be binding or non-binding. Binding arbitration requires both parties to abide by the arbitrator’s ruling. In non-binding arbitration, the arbitrator’s ruling is a recommendation.
In non-binding arbitration, If either party does not agree with the arbitrator’s ruling, they can ignore the ruling and leave the dispute unresolved.
In arbitration, both parties present arguments in favor of their position and support their position with evidence and documentation.
The purpose of the proceeding is to reach a decision and resolve the dispute. The main difference is that the government does not administer arbitration hearings, and the training requirements for an arbitrator are different and less stringent than for a judge.
In the first step of arbitration, parties are notified about the case that is going to arbitration. The announcement describes details such as dates, costs, and the nature of the dispute.
Next, the parties select an arbitrator for the case. The arbitrator agrees to carry out the arbitrating responsibilities and be impartial in their judgment.
In the preliminary hearing, the arbitrator and the involved parties meet through a conference call or video conference to discuss issues relating to the case, including:
The preliminary hearing is also an opportunity to schedule the main hearing.
The arbitrator and both parties meet for an arbitration hearing. During the hearing, both sides present evidence and arguments for their side.
The arguments can be written or oral, and arbitration may take place face-to-face or through video conferencing. The arbitrator then closes the meeting and deliberates. The hearing phase of arbitration can be over within a few days or, for complex cases, can take months.
By an agreed-upon date, the arbitrator makes a ruling on the matter. If financial compensation or restitution is at stake, the administrator’s ruling might include a monetary award.
In Georgia, arbitration follows the Georgia state code, which may be different from the laws governing arbitration in other states. Chapter nine of the Official Code of Georgia Annotated (OGCA) lays out the rules for arbitration within Georgia.
The code describes which cases can be addressed through arbitration, the choice of venue, and the enforceability of contractual agreements to arbitration. The text of OGCA is challenging for those without legal experience. In Georgian cities like Marietta, Arbitration can seem confusing. At Hobson & Hobson, our arbitration division is home to experienced and knowledgeable arbitrators.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual matter. This information is not intended to create an attorney-client relationship in any form.
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