Arbitration for Child Custody in Alpharetta
Parents who cannot agree on child custody matters often go to mediation to resolve their dispute. When mediation does not result in an agreement, they have another option rather than leaving custody for a judge to decide.
Parents can agree to arbitration for child custody in Alpharetta. Arbitration allows a third party to decide an issue the parents have not been able to decide for themselves, but it has several advantages over having a trial about custody issues.
Speak with a member of the legal team at Atlanta Divorce Law Group when you cannot resolve custody issues with your co-parent. We can offer sound advice based on years of experience handling custody cases.
Arbitration Can Work When Mediation Does Not
Arbitration and mediation are both forms of alternative dispute resolution, but they are very different. In mediation, a neutral third party facilitates conversations between disputing parties but does not make decisions. When the parties cannot find a workable solution, the mediation fails.
Arbitration is more like going to court. The arbitrator hears evidence from both sides and then decides the dispute. The Official Code of Georgia §19-9-1.1 allows parties to use binding arbitration to settle custody disputes. The attorneys for the parties must select an arbitrator and draft and agree to a detailed arbitration agreement defining:
- Exactly what questions the arbitrator will decide;
- Whether the parties will exchange pertinent information before the proceeding;
- If so, the timeline for producing the relevant documents and other information.
The law in Alpharetta specifically requires that child custody arbitration be binding, meaning that the parties agree to accept the arbitrator’s decision and cannot appeal it.
An arbitration is like an informal trial and requires substantial preparation. However, it offers many advantages over taking a child custody dispute to trial.
Advantages of Arbitration in Custody Matters
Many people are familiar with arbitration as a tool to resolve business disputes, but it can be a beneficial process for settling family law matters. An Alpharetta attorney can describe the benefits of arbitration for custody disputes in a specific case in more detail.
Speed
When a child custody dispute must go to trial, a spot in the court’s docket might not come open for a year or more. In contrast, an arbitration can usually be scheduled within a month or two. An arbitrator typically issues a decision within a few weeks at the latest, while litigants might wait much longer for a judge to issue a decision.
Confidentiality
Arbitration is private. It is a sensible and sensitive choice when there are private matters concerning your children that you want to keep out of the public sphere. All parties are bound to keep matters discussed in arbitration confidential.
Cost
The cost of arbitration is certain and controllable, unlike the cost of a trial. Parties typically share the cost of the arbitrator, and although the attorneys must spend time preparing, the limits on the topics the arbitrator may consider can keep costs down.
Quality
Even the most diligent and caring judges have only a limited time to hear a case and consider the evidence before reaching a decision. An Alpharetta attorney has more opportunity to present the nuances of a custody matter to an arbitrator, who can take the time necessary to thoroughly consider the implications when making a custody decision.
A Family Law Judge Must Review the Arbitrator’s Decision
When an Alpharetta arbitrator decides a custody case, their decision is final. However, a judge must still review it and incorporate it into an enforceable custody order.
Judges must review all arrangements involving children, including arbitrator’s decisions, to determine whether they serve the children’s best interests. Although judges tend to respect arbitrator’s decisions, they must conduct an independent review. The judge can also decide any matter that the arbitrator did not consider.
If the judge accepts the arbitrator’s order, which is typically the case, it is binding on both parents. They cannot appeal. A parent could potentially ask for a modification in the future, but to do so, they must prove that there has been a substantial change in circumstances since the order was issued. An attorney can determine whether a change is likely to meet the test to permit a modification.
Contact an Alpharetta Attorney About Arbitrating a Custody Matter
Arbitration can be an excellent way to resolve custody issues that parents have not been able to settle on their own, through their attorneys, or in mediation. However, arbitration for child custody in Alpharetta is similar to a trial, so it is crucial to work with a legal professional with litigation skills.
The lawyers at Atlanta Divorce Law Group have experience handling complex arbitrations in family law matters. Schedule a free consultation with a team member today.
