Arbitration of Family Disputes

Advantages and Disadvantages | Non-Binding Arbitration | Voluntary Binding Arbitration   
Qualifications & Professional Standards for Arbitrators | Additional Resources  

Arbitration is a process where a neutral third person (or three person panel) considers the facts and arguments presented by all sides and makes a decision which may be binding or non-binding. An arbitrator makes the decision for you instead of a judge. Arbitration is sometimes quicker and less expensive than a trial. Arbitration is different from mediation because the arbitrator makes a decision based on the information you and the other side provide. In mediation, the parties to the dispute reach a consensus or joint agreement.

Arbitration is an alternative to litigation for divorce or other family matters. It may be useful where mediation did not resolve the dispute. It can be used to resolve disputes over the division of personal property which are time consuming or complex tracing problems with marital and non marital property which require expertise. Arbitration of family law matters is permitted under Florida Statutes Chapter 44, Florida Family Law Rules of Procedure 11.010 - 11.130, and Florida Rules of Civil Procedure Rule 1.800 - 1.830.

Although there are other statutes that permit different types of arbitration and different rules for those arbitrations, these materials focus only on the laws and rules applicable to family arbitration.

Non binding arbitration, particularly after mediation has been tried, may be a less expensive and more private way to settle a divorce or other family dispute. Binding arbitration is used where the parties wish to select the decision maker or move more quickly than the court system would allow.

Please contact us if we can serve as your arbitrator, represent you in an arbitration or coach you through an arbitration that you decide to handle yourself.