Question 1

What types of family and domestic disputes may be appropriate for arbitration?

Accepted Answer

Depending on applicable law and the circumstances, potentially eligible disputes may involve parenting agreements, parenting time, interpretation of family settlement agreements, certain financial obligations, or disputes involving a family-owned business. Not every family-law matter can be arbitrated.

Question 2

Can child custody or parenting-time disputes be arbitrated in Georgia?

Accepted Answer

Georgia law permits parents to agree to binding arbitration of certain disputes involving child custody, visitation, parenting time, and parenting plans, subject to applicable statutory requirements and judicial review. A court retains its role in protecting the child’s best interests. Each matter must be evaluated before acceptance.

Question 3

Can an arbitrator decide child support or alimony?

Accepted Answer

The availability of arbitration for child support, alimony, or other domestic financial issues depends on the specific issue and applicable law. Some matters may require court involvement or approval. Contact us to discuss the general nature of your dispute and determine whether it may be appropriate for consideration.

Question 4

Do both parties have to agree to arbitration?

Accepted Answer

Generally, arbitration requires a valid agreement or another legally recognized basis for requiring the parties to arbitrate. Whether an existing agreement applies to a particular family dispute depends on its terms and applicable law.

Question 5

Is arbitration the same as mediation?

Accepted Answer

No. In mediation, a neutral helps the parties work toward their own agreement but generally does not impose a decision. In arbitration, the arbitrator considers the dispute and issues a decision under the applicable arbitration agreement and rules. Whether the decision is binding depends on the governing agreement and law.

Question 6

Can an arbitration decision be reviewed by a judge?

Accepted Answer

Some family-law arbitration decisions are subject to court review or approval. The scope of review and the procedures that apply depend on the type of dispute, the governing law, and any applicable court order.

Question 7

Do I need an attorney for family arbitration?

Accepted Answer

You should consider consulting an attorney, particularly when a dispute involves children, support, marital property, or an existing court order. An arbitrator remains neutral and cannot act as either party’s attorney or provide either party with legal advice.

Question 8

How do I find out whether my family dispute is eligible?

Accepted Answer

Contact us with a general description of the dispute and any existing arbitration agreement or relevant court order. Eligibility, jurisdiction, potential conflicts of interest, and any required court procedures must be reviewed before a matter can be accepted.

Family & Domestic Disputes

Frequently asked questions