When a more timely private dispute resolutions process is required, rather than a trial litigation process, we can offer a binding arbitration process that is confidetntial, efficient and binding on the parties. The Texas Family Code Sections 6.601 and Sections 153.0071 allow for binding arbitration in family law cases upon the agreement of the parties to use arbitration instead of a civil trial process. An arbitration is a private process, as compared to a family law trial that is usually open public view. The parameters of the arbitration are contained in the parties’ agreement as to topics to be decided and structuer of the arbigtration or the structure can be left to the arbitrator.
The duty of the arbitrator “To disclosse conflicts of interest” is required. This done so that the parties may choose an arbitrator without conflicts before a case is heard.
We can offer a binding arbitration award decision on all areas of a family law case, whether the issues are property division or child custody, access and or child support issues. Under the Texas Civil Practice and Remedies Code, Section 154.027, all issues that a court can consider may be decided in an arbitration. An award would be issues within 21 business days of the closing of the testimony and of the hearing process.
An arbitration, depending upon the discovery needs of the parties and their attorneys, can usually occur more quickly and at the schedule of the attorneys, the parties and the arbitrator without being involved in a multi-case trial docket.
The family law court shall then issue a divorce decree or modification order based upon the arbitration award.
Remote mediations via zoom have become part of my practice.
This process can be successful and an efficient method to resolve issues.
Please call or contact:
Jeff Kilgore at 409-939-6924