The Family Arbitrator: 
How Panels Create Superior Outcomes for Clients and Kids
By Pamela Donison, Esq., Integrative Attorney
puzzleThe concept of arbitration or “private trial” is common in certain practice areas and is valued for its speed of resolution, cost efficiency (in comparison with traditional litigation) and finality.  Opponents to arbitration often say that it’s the worst of both worlds:  you have to jump through all the same hoops as trial preparation, yet you have none of the rigors of deadline or authority of the bench, particularly as it relates to discovery issues.
In family legal matters (family law, probate, and juvenile law), arbitration may seem like using a sledge hammer to crack a peanut, but I’ve come up with a method that uses the best components of arbitration (speed, finality), combined with the referral concept of collaborative law (bringing all necessary experts to the table), to create a “best practices” Family Arbitration Model (“FAM”).  This FAM rests on two prevalent family needs:  swift decisions and least-adversarial intervention.  To be successful, the FAM requires that parties bring three elements to the process:  trust in the model and the panel, desire for an equitable outcome, and the ability to enunciate needs and reasons clearly and concisely.

Why use a FAM panel?
Because it works!  A sole arbitrator is immediately open to criticism by parties for perceived bias, lack of expertise, and an inability to both listen and take notes at the same time.  When you have a panel of arbitrators, any perceived bias is immediately neutralized.  After all, how can all of the panel members think you are wrong unless (ahem) you are actually wrong?  In the FAM panel, expertise is strengthened by the credentials and experience of each panel member.  I don’t have to understand the nuances of (for example) income tax or borderline personality disorder because my panel mates have that covered.  Naturally, panel members support one another in gathering information, asking questions, and creating the most complete record possible.
Who is on the FAM panel?
The most-needed experts!  For example, take John and Maria, who are business owners, parents of two school-age children, and are divorcing.  Their FAM panel would be comprised of me (the family law attorney), a divorce financial planner, a mental health professional with experience in child development, and a retained expert for business valuation.  As another example, take Nancy, Nora, and Nick, children of the now-deceased Neville, who are in dispute over disposition of the estate, which includes significant real estate holdings.  Their FAM panel might include a probate attorney, a mental health professional with experience in grief and family dynamics, a tax accountant, and a retained expert for property valuation or liquidation.
Why use a FAM panel?
For maximum effectiveness!  As an arbitrator, my duty is to apply both law and equity to the case, which is why having panel-mates is such an important aspect of best practices.  It would not be possible for me to adequately address all the needs of the family by applying only the law.  Likewise, it would not be possible for a tax accountant to adequately address all the needs of the family by applying only accounting and tax principles to the dispute.  By applying the combined expertise of a skilled FAM panel to the issues in dispute, families (no matter what their situation) can feel confident that they are receiving the most informed decision possible while preserving resources and relationships.
Isn’t it more expensive to use a panel?
Of course it is more expensive to have more than one arbitrator, but not nearly as expensive as going to trial and, worse yet, having to live with a decision that fails to meet the ongoing needs of the family from a holistic perspective.  In my practice, I encourage parties to minimize their arbitration costs by having an attorney consult and assist in preparing for the arbitration hearing, but to do as much of the “homework” as possible on their own, and to appear pro per at their arbitration hearing if they are comfortable doing so.  In the arena of family issues (family law, probate, juvenile law), many parties appear pro se and, therefore, it is a reasonable method of reducing costs.  My FAM arbitrations are always on a flat fee basis and the costs will range depending on the situation of the clients.  When all aspects are considered, the arbitration panel is a very cost-effective method of achieving the best possible result for families that are not able to mediate or negotiate their disputes.  Of course, the major cost-savings are intangibles such as meeting according to the parties’ schedules rather than the Court’s docket, preserving family relationships, maintaining privacy, and reducing the stress and conflict that results from litigation. 

Why isn’t everyone opting for arbitration?
Arbitration has a bit of a tarnished image for many people, who may have been on the receiving end of an unbalanced arbitration award in a labor dispute or consumer complaint issue.  Obviously, arbitration is not for every family case as many will be resolved through mediation or settlement negotiations; however, there are a significant number of cases for which arbitration is an ideal solution.  Here are a few:

  • business owners in a high conflict divorce;
  • parents who cannot agree on custody and parenting time;
  • family members who are in dispute over disposition of an estate benefit;
  • families facing termination of parental rights;
  • parents who have addiction or other mental health issues;
  • families with significant debt or tax issues;
  • couples at odds over spousal support;
  • new parents who want to work out paternity and parenting issues;
  • and the list goes on!

If you or someone you know could benefit from using the FAM panel method of arbitration, please visit my website (www.donisonlaw.com) for more information, or give us a call at 480-951-6599.

 

Pamela-DonisonAbout Pamela Donison, J.D., Integrative Attorney

Donison Law Firm, PLLC (www.donisonlaw.com)
Pamela Donison is an attorney and mediator admitted to practice in Arizona, where she has a family law practice dedicated to peaceful resolution and proactive problem-solving.
Pamela is a former Judge Pro Tem, Court Approved Mediator, Special Master and Parenting Coordinator for the Maricopa County Superior Court.  She is an active member and formerly served on the board of directors for the Arizona Chapter of the Association for Conflict Resolution, as an arbitrator for the State Bar of Arizona and the State of Arizona Personnel Board, and is active in a number of other organizations, including the Association for Conflict Resolution and Association of Family and Conciliation Courts.  Pamela is an Advanced Practitioner, Academy of Family Mediators.  Pamela is an active member of the International Academy of Collaborative Professionals, including work as faculty and on committees, and is founder and president of Arizona Collaborative Colleagues.
When she’s not changing the world, Pamela is a wife and mother, an award-winning photographer, and mentor to other women entrepreneurs.
 
 
 
 
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