The Family Law Arbitration Act – In some of our previous entries, we have discussed the requirement of attending mediation whenever the issue of child custody is brought to the Court’s attention. Outside of this mediation requirement, the parties to a child custody case may also opt for arbitration. Article 3 of N.C.G.S. § 50 discusses the policy reasons for why arbitration is an effective method of conflict resolution and how the process of arbitration may be pursued by the parties.

What is Arbitration?

Arbitration is another form of dispute resolution, where the parties’ arguments are heard by a neutral third party, known as an arbitrator. The arbitrator’s role in the mediation effort is to serve in a capacity similar to a judge in a custody proceeding. An arbitrator will be tasked with hearing all arguments, reviewing all evidence, and making a binding decision on both parties, as it relates to matters involving child custody, child support, and alimony.

Why Arbitration?

The costs of bringing a child custody action to Court can be overwhelming, especially when the parties are contentious. North Carolina Courts are interested in providing parties with an opportunity to resolve their indifferences in the most cost-effective way. This is why mediation is a requirement under NC law. The parties to these types of actions also have their own discretion to decide if arbitration is more viable of an option than fighting it out in Court.

Consider setting up a consultation with a family law attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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