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In Indiana, family law matters can be arbitrated. Arbitration can include initial divorce cases, post-divorce modifications, and paternity cases. Arbitration, like mediation, is a form of “alternative dispute resolution,” which is a way of resolving a dispute without going to court and submitting the dispute to a judge.
In family law arbitration, the parties agree to submit their dispute to an attorney or a retired judge instead of going to court. There are many advantages to arbitration. Arbitration hearings are private, unlike most court proceedings. Arbitrators schedule hearings when it is convenient to the parties and their lawyers, whereas judges often aren’t able to do this. Also, arbitrators are required to make a decision within a set amount of time, which is usually sooner than what a trial court judge may be able to.
The term “domestic relations” is used interchangeably with “family law.” In Indiana, any registered domestic relations mediator may serve as an arbitrator. Here at Cohen Garelick & Glazier, we have a team of attorneys who serve as arbitrators. Arbitrators who also practice family law see issues from both sides of the bench. When making decisions, our family law arbitration attorneys pay close attention to how decisions will impact the parties in real life and how decisions may make it more or less likely that the parties will have to bring future disputes to the court.