Why Arbitration is a Better Option than Court

When there is a contested family law dispute in which mediation and settlement negotiations have not resulted in an agreement, the typical next step is to go to court for a judge to review the evidence and hear both sides before making a final decision on the unresolved issues. While this is the most traditional route, it can take months and months to get a hearing which effectively draws out an already emotional and financially straining process.  The good news is there is an alternative option that is quicker and more cost-effective than going to court, and that is the Hobson & Hobson Arbitration Services.

Arbitration is an alternative dispute resolution for the divorce process.  Instead of going to court, your case is heard in private which means the proceedings are not subject to public record and kept confidential.  For arbitration to proceed, both parties must agree on using arbitration instead of litigating in court to come to an agreement, the court can order arbitration, or a previous decree or settlement agreement included a clause for arbitration.  

Arbitration can be used in 3 different capacities:  an interim hearing, a temporary hearing, and a final hearing. An interim hearing provides quick relief early in the process.  A temporary hearing allows for a temporary agreement while a case is pending.  A final hearing usually consists of a preliminary hearing and final hearing and is similar to a final court hearing where the Arbitrator reviews the issues, evidence, and witnesses before issuing a final award.  You can visit our arbitration page for more details.  

The benefits of arbitration are substantial.  It saves you time and money.  It gives divorcing couples privacy and confidentiality.  Both party’s interests are always considered.  With Hobson & Hobson, you get a family law specialist whose primary focus is understanding the nuances of a family law matter and how to help parties come to the best possible outcome.  During the course of their careers, our Arbitrators have experience as family law attorneys representing their own clients giving them additional insight over those who haven’t practiced family law.   The reason this is so beneficial is that Judges in Superior Court typically hear a variety of civil cases which doesn’t allow them the time to become true experts in the field of family law.  They handle both criminal and civil law actions.  This includes misdemeanors, contract disputes, felony trials, family, etc.  

Scheduling an arbitration is simple.  Once both parties have agreed to arbitrate, one party or their attorney can go to our scheduling page and complete the Request for Arbitration form.  You will need the contact information for the claimant, the respondent, and both attorneys.  Both parties will pay an initial fee of $1000 to get started.  A payment page will be provided after completion of the form; however, if not filled out, both parties will still receive a follow-up email with the fee policy.

Hobson & Hobson Arbitration Services follows the Georgia state code which may be different from arbitration governing laws in other states.  Chapter nin of the Official Code of Georgia Annotated lays out the Georgia rules for arbitration.

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