The Arbitration Hearing May Be Over, but the Process Is Not
Family law arbitration can provide a more private and efficient way to resolve disputes involving divorce, support, custody, or property division. Once the arbitration hearing concludes, however, many people are left wondering what comes next. Receiving a decision is an important milestone, but there may still be legal steps necessary before the matter is fully resolved.
Understanding what happens after arbitration can help you prepare for the next phase and ensure your rights remain protected.
How Arbitrators Issue Their Decisions
After reviewing the evidence, hearing testimony, and considering each party's arguments, the arbitrator issues a written decision, often referred to as an arbitration award. The timing may vary depending on the complexity of the case and the issues involved.
An arbitration decision may address matters such as:
- Property division. The award may explain how marital assets and debts should be allocated between the parties.
- Financial support. Depending on the issues submitted to arbitration, the decision may resolve questions involving alimony or child support.
- Child-related matters. If permitted by applicable law and agreed by the parties, the arbitrator may issue decisions regarding custody or parenting time.
The arbitration award explains how the disputed issues were resolved and serves as the foundation for the next legal steps.
Can an Arbitration Award Be Challenged?
Many people assume an arbitration decision can be appealed the same way as a court ruling. In reality, arbitration awards are generally intended to provide finality.
In limited circumstances, a court may review an arbitration award if there are allegations involving:
- Procedural issues. Certain legal or procedural concerns may provide grounds for asking a court to review the award.
- Misconduct or bias. Claims involving arbitrator misconduct or a lack of impartiality may be considered under applicable law.
- Authority concerns. Questions may also arise as to whether the arbitrator exceeded the authority granted by the arbitration agreement.
Whether an arbitration award can be challenged depends on the facts of the case, the governing law, and the terms of the arbitration agreement.
Turning an Arbitration Decision into an Enforceable Order
After arbitration, additional court action may be required before the decision becomes enforceable.
The process may include:
- Submitting the award to the court. In many cases, the arbitration decision is presented to the appropriate court for confirmation.
- Entry of a court order. Once confirmed, the arbitration award may become part of an enforceable court order.
- Clarifying legal obligations. A formal court order establishes the rights and responsibilities of each party moving forward.
Having an enforceable order provides a legal mechanism for addressing future compliance issues if they arise.
What Happens if Someone Does Not Follow the Decision?
Unfortunately, not every party complies with an arbitration award or resulting court order. When that happens, legal remedies may be available.
Possible enforcement options include:
- Filing an enforcement action. A court may be asked to enforce the terms of the confirmed arbitration award.
- Addressing missed obligations. Failure to comply with financial support, property transfer requirements, or other court-ordered responsibilities may result in additional legal proceedings.
- Seeking appropriate remedies. Depending on the circumstances, courts may have several options to encourage or require compliance with an existing order.
Promptly addressing noncompliance can help prevent disputes from becoming more complicated over time.
Future Modifications May Still Be Necessary
Although arbitration may resolve current disputes, life circumstances can continue to change after a family law matter is finalized.
Future modifications may become appropriate when:
- Financial circumstances change. A significant change in income or employment may affect existing support obligations.
- Children's needs evolve. As children grow, changes involving education, healthcare, or parenting schedules may warrant a review.
- Other substantial changes occur. Courts may consider modifying certain family law orders when legal standards for modification are met.
Not every arbitration decision can be modified, and the ability to seek future changes depends on the specific issues involved and applicable law.
Why Legal Guidance Remains Important After Arbitration
The conclusion of an arbitration hearing does not always mark the end of the legal process. Questions about enforcement, court confirmation, compliance, or future modifications can arise long after the arbitrator issues a decision.
An attorney can assist by:
- Reviewing the arbitration award. Understanding the decision and its legal effect is an important first step.
- Handling court filings. Legal counsel can help confirm an arbitration award or respond to post-arbitration proceedings.
- Addressing enforcement issues. If the other party fails to comply, an attorney can explain available legal options.
- Evaluating future modifications. When circumstances change, legal guidance can help determine whether a modification may be appropriate.
Protect Your Rights After Family Law Arbitration
An arbitration award can provide a meaningful resolution, but ensuring that the decision is properly finalized and enforced is equally important. Understanding your rights after arbitration can help you move forward with greater confidence and avoid unnecessary complications. Whether you have questions about the arbitration process or post-arbitration family law matters, DeTommaso Law Group, LLC is here to help.
Call (908) 274-3028 or contact us online to discuss your situation.