Arbitration Process

If a couple cannot agree and for some reason a traditional trial is not an option, they may choose to hire an arbitrator to hear evidence and make decisions.

  • Involves a trial in front of a special master or private judge paid for by the parties
  • Utilized when parties have strong trial positions and for some reason all settlement attempts have failed
  • Involves parties exchanging information relevant to the issues through a formal discovery process governed by the Texas Rules of Civil Procedure
  • Works best in those cases where decisions must be made and parties cannot or will not agree
  • Might choose this in lieu of litigation for privacy purposes or because it is taking too long to get a trial setting in the litigation process
  • Arbitrator hears evidence and makes final decisions
  • Parties usually have lawyers
  • Parties usually employ other experts to provide information and advice, and those experts become advocates for their clients’ respective positions
  • Lawyers offer advice, advocacy, and draft arbitrator’s ruling and appropriate closing documents
  • Maybe a little less expensive than going to trial but not necessarily; more expensive than the parties reaching an agreement.