In family matters, arbitration is a private, binding, confidential process in which a neutral decision-maker resolves disputes without the delays of litigation. It is a potent tool that gives attorneys and their clients maximum flexibility whether it is utilized for one issue or the entire case. In cases using arbitration, the arbitrator can customize the process and results in ways that often benefit lawyers and their clients and that might be unavailable in formal court proceedings. Issues of scheduling, disclosure and discovery, trial administration, admission of evidence, and other details can be customized in advance through collaborative discussions between the arbitrator and counsel.
Judge Prestley offers arbitration for family law cases in the states that provide that option. She believes that arbitration has real advantages:
Greater privacy – for the parties and particularly the protection of child related information.
Efficiency – oftentimes is more streamlined, takes less time, and costs less than fully litigated court resolutions.
Utility – can be used to adjudicate unresolved mediation issues, or in conjunction with a court proceeding, or on its own as the preferred means of resolving all issues.
Finality – decisions are more final, and appeals of the arbitrator’s decisions are extremely limited.
Choice of decision maker – it is an advantage for attorneys and parties to be able to select a decision maker / arbitrator who has a known track record for competence and neutrality.
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Judge Prestley offers an initial complimentary consultation