Arbitration in Family Law Matters: How to Avoid Court & Why It Matters

Unlike arbitration, courtrooms are typically where individuals turn when they face issues that cannot be resolved through other means. However, court proceedings can be time-consuming and costly, and they may not always adequately address your specific needs, intentions, or concerns. Fortunately, there are several alternatives to the court system known as Alternative Dispute Resolution (ADR) processes. The two primary options within ADR are mediation and arbitration.

UFLAA Arbitration Law

In May 2024, the Pennsylvania Legislature enacted an Arbitration Law (“UFLAA”). Uniform Family Law Arbitration Act. Pursuant to the new law, Arbitration allows people who are involved in divorces, custody, and/or support disputes to address their disputes outside of the Court System.  An Arbitrator has many of the same powers that a Court does, such as Discovery, issuing Subpoenas, appointing Experts, appointing Guardian Ad Items, directing the payment or allocating counsel fees and costs.

There are many advantages to utilizing Arbitration. Some of the benefits are as follows:

• Promotes timely resolution of disputes and reducing conflict between parents:

• Arbitration allows for more promptly resolution of issues.  Studies show that long protracted disputes involving custody are extremely stressful and difficult for children. There are often long delays in the Court System, particularly in custody cases. 

By contrast, Arbitration can be much more expeditious. 

• Proceedings can be scheduled at the convenience of the parties, attorneys, and the Arbitrator and issues can be resolved much more promptly.

Selecting An Arbitrator

The participators can select the Arbitrator:

In the Court System, the Court assigns a Judge to address the cases.  In Arbitration, the parties and their attorneys can select the Arbitrator who is usually a retired Judge or an experienced and well-regarded attorney. This person will act as the Arbitrator who will be the decision maker and write an Opinion. In cases involving child custody and support, the decision must be reviewed by the Court. The Arbitrator will make a decision and write it, usually within thirty (30) days.   Utilizing the Court System generally takes much longer.

When Confidentiality Matters

Arbitration allows for confidential of personal and business information:

Cases heard by the Court are generally open to the public; however, in Arbitration cases, the parties can agree, seal the record. If that is done, personal and financial information would not be available to the public.

Family Friendly Arbitration Setting

Arbitration allows for a much more family-friendly setting for children and parents:

Most Courthouses do not provide separate rooms or safe, calming rooms for parties and their children to utilize during Court proceedings.  Many people may be present, and your case can be one of a long list or group of cases. Arbitration cases can be held in the office of the Arbitrator which are usually much more friendly environments. 

They are also more comfortable for children as Law firms usually have separate conference rooms and pleasant waiting areas. Also, the participants are typically greeted and attended to by friendly, professional staff. These are a much more comfortable environment which are conducive to reducing stress for everyone in a difficult situation.

Safe & Protected Space

Arbitration provides for protection for victims of domestic violence and abuse:

The Arbitrator will most likely have years of experience and first-hand knowledge regarding domestic violence and abuse issues. In most cases, the parties do not have a history of domestic violence; however, in some cases, there are issues involving domestic violence. The UFLAA provides that if a party is a victim of abuse and there is a Protection Order, the Arbitrator will immediately refer the case to a Judge.

The Judge will then decide how best to proceed.  If the Arbitrator determines that there is a reasonable basis to believe that a child, who is the subject of a custody case has been abused or neglected, the Arbitrator will terminate the arbitration process and report the abuse or neglect to the Court, or the other appropriate authorities.

Temporary Orders Through Arbitration

The Arbitrator may make a Temporary Order to protect the party or the child from harm, harassment, or intimidation. This would be a supplement to other remedies available under the law. The Court may delay or stay the Arbitration and review a determination or temporary award protecting a party or child upon the motion of a party.

Reducing Expenses Through Arbitration

Arbitration helps parties to avoid expensive litigation and related expenses:

The Court System can be extremely complex and involve many proceedings.  By contrast, Arbitration can address matters immediately by telephone or conferences.  The parties can also conserve fees for matters such as scheduling because the Arbitrator will schedule Hearings when the parties, their counsel, or their experts are available.  These Hearings will allow the parties to avoid the cost of paying for multiple Court appearances to address different issues because those can be consolidated and addressed all at once.

Preventing Appeals & Other Expenses

Arbitration can prevent years of appeals and related expenses:

Although there is no specific time under the UFLAA, the Arbitrator typically makes an award within thirty (30) days after a Hearing. The parties then ask the Arbitrator to make any corrections or additions, etc. Also, if there is evidently a mistake, one or both of the parties can request that the Arbitrator correct those mistakes. The right to Appeal from Arbitration is limited to procedural issues, rather than substantive matters, with the exception of child-related issues, such as custody and support which are always subject to Court determination. 

Child-Related Provisions

Specific provisions related to child-related awards:

Judges must write Opinions addressing each factor in the statute regarding custody. The Arbitrator must also do so. No Transcript in the Arbitration is required; however, a party or the parties can request that a Transcript be made up.

Enforceable Court Orders

Decisions enforceable as a Court Order:

Under the UFLAA, the Court has the ability to enforce a confirmed Arbitrator’s Award as if it were entered by the Court.

Interested in Pursuing Arbitration in a Family Law Matter?

If you are interested in pursuing Arbitration, please contact our office for an appointment with one of our attorneys to discuss it in greater detail.

The attorneys at Pyfer Reese Straub Gray & Farhat are here to assist you and guide you through the process of Arbitration in business matters, custody cases, and beyond. Contact us at 717-299-7342 to schedule a convenient appointment to discuss your estate planning needs at our Lancaster, Willow Street or Ephrata Office.