Find Lawyers in Houston, Texas for Family Law Arbitration
Laura Dale is Board Certified in Family Law by the Texas Board of Legal Specialization. Her practice is concentrated in the area of family law involving high conflict divorce, high net worth property division, both domestic and foreign, property valuation, custody cases, international child abduction brought under The Hague Convention and complex multi-jurisdictional family law disputes. Ms. Dale is a Fellow of the International Academy of Family Lawyers and a USA Delegate on the Board of Gov...
EDUCATION: B.S. 1988 The University of Texas at Austin J.D. 1992 South Texas College of Law PROFESSIONAL ACTIVITIES: Board Certified in Family Law - December 1999 - present Member - State Bar of Texas Family Law Council – 2012 to 2017 Chair – Technology Committee 2013 to 2015 Director - State Bar of Texas Marriage Dissolution Institute, 2013, Galveston, Texas Director - State Bar of Texas Pro Bono Family Law Program, September 2013, San Marcos Texas Member - Houston Bar Associatio...
Susan McLerran’s practice encompasses a broad array of family law matters, with a focus on complex divorce proceedings involving marital property characterization, valuation and division, business valuation, taxation, issues related to retirement assets, stock options, restricted stock and employee benefits, and conservatorship, visitation and child support matters, pre-marital and post-marital agreements, and suits regarding modification and enforcement of court orders. Susan’s e...
Randall Wilhite has represented clients in a full range of family law matters for over 34 years, specializing in complex property disputes, stock option and restricted stock issues, retirement assets, employee benefits, taxation issues, characterization of assets as separate or community property, business valuation and division, and other valuation issues. He is experienced in the litigation, arbitration and mediation of all family law issues. Randy is also an Adjunct Professor of Law at the...
Family Law Arbitration Definition
Family law arbitration is a form of alternative dispute resolution. Parties can mutually agree to utilize a private arbiter to make binding, enforceable decisions related to outstanding disputes. In general, arbitration is governed by the Uniform Arbitration Act, C.R.S. 13-22-201 through C.R.S. 13-22-230. Colorado has a separate statute for arbitration related to child custody issues, found at C.R.S. 14-10-128.5. Arbitration cannot be forced upon the parties; it requires the parties' consent.
Unlike mediation, the process of arbitration puts the ultimate resolution of a dispute in the control of a neutral third party. The structure of arbitration may vary depending on the arbiter. Generally, arbitration is more relaxed and flexible than a hearing or trial before the court. Typically, the arbiter conducts a proceeding with the presentation of evidence, witnesses, and arguments. The arbiter is then charged with issuing a written ruling. In some instances, if the parties and arbiter agree it is appropriate, an issue can be resolved without an actual hearing, and simply through submission of written argument and evidence to the arbiter.
Private arbiters can provide parties to family law disputes prompt resolution, which is a major benefit with the crowded family law dockets in Colorado courts. Overall, arbiters are more readily available than judicial officers for telephone conferences during the course of a case. Other benefits to private arbitration include: more personalized case management, deadlines tailored to the specific needs of the case/issue, a more confidential environment than a public courthouse, and a modified implementation of rules to allow for the efficient presentation of information. While arbiters are privately paid, many parties find the procedure of arbitration to be cost-effective, as opposed to the lengthy and formal process of judicial proceedings.
After an arbiter issues an arbitration award, either party can ask the arbiter to modify or clarify the award, or object to the award. C.R.S. 13-22-220. A party may also ask the court to vacate an arbitration award if that party believes the award is improper. C.R.S. 13-22-223-224. Similarly, either party may ask the Court to affirm an arbitration award. C.R.S. 13-22-222. Arbitration has specific procedural deadlines for post-arbitration awards, so it is important to refer to the appropriate statute.
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