Our Pennsylvania divorce arbitration lawyers encourage our clients to resolve their divorce or family law matter without going to court. When our clients cannot resolve issues through collaboration, we recommend arbitration as an alternative to a family court hearing or trial.
What is Arbitration?
Divorce arbitration is a structured ADR (alternative dispute resolution) process that helps couples resolve disputed issues in a neutral setting, often faster and with more continuity than many court cases, while keeping decision-making focused and efficient.
Arbitration can be used as a means to resolve all aspects of a divorce, or the parties can agree to have the arbitrator decide only certain difficult or contentious issues, such as business valuation issues, royalties, stock options or other property division issues.
The Benefits of Divorce Arbitration
- Divorce arbitration is private
- The parties set a schedule that is flexible and convenient
- The couple controls which issues are brought before the arbitrator
- All information-sharing on the issues in dispute is complete
- Arbitration awards will become part of an enforceable divorce decree
- Arbitration can be the final solution to a divorce
- Couples can consider multiple arbitrators
Arbitration offers the predictability and reliability of an experienced family law practitioner making the decisions, rather than a judge who hears many kinds of court cases. In addition, the arbitration is governed by an arbitration agreement negotiated between the couple, with the scope and rules of the arbitration determined by the parties and their attorneys. This allows divorce arbitration to be tailored to a couple’s specific needs.
Divorce arbitration is an ADR process where you and your spouse choose a neutral decision-maker (an arbitrator) to resolve contested family-law issues arising under Pennsylvania domestic relations law—without litigating every issue in open court.
In mediation, you only get a deal if you both agree. In arbitration, the arbitrator can make a decision on the issues you submit, which is helpful when negotiations stall.
Yes. Your arbitration agreement must identify the issues you intend to arbitrate, so you can limit arbitration to the sticking points (for example: support, a custody schedule detail, or a financial issue).
Yes. The agreement identifies the arbitrator (or a method for selecting one). If the method fails or an arbitrator can’t serve, the court can appoint one.
Under Pennsylvania’s family law arbitration statute, proceedings and the award are confidential by default (unless you agree otherwise), and you can request the award be filed under seal when asking the court to confirm it.
A family law arbitration award is not enforceable as a court judgment until it’s confirmed. Once confirmed, it’s enforceable like a judgment.
An arbitrator cannot grant the divorce. But where applicable, a party can ask the court to confirm the award and (when appropriate) enter a divorce decree incorporating the award.
For custody/support awards, the arbitrator must state reasons as required by PA domestic relations law, and the court confirms only if the award complies and is in the child’s best interests.
The arbitrator can require disclosures and can permit/compel discovery and issue subpoenas. These tools are designed to help ensure both sides have the information needed to decide the dispute fairly.
Arbitration timelines are typically driven by the agreement, chosen rules, and scheduling. The law anticipates timely handling (including disclosures about the arbitrator’s ability to make a timely award).
Arbitration can be ideal when specific issues are stuck and you need a binding decision without a prolonged court fight. A family lawyer can help you determine if arbitration is the best course of action for your case.
