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DIVORCE ARBITRATION


THE FAMILY LAW TRIBUNAL OF DPR
NOW OFFERS
PROFESSIONAL DIVORCE ARBITRATION SERVICES

THE ADVANTAGES OF ARBITRATION:

EASY TO SCHEDULE PRIVATE AND
CONFIDENTIAL
EXPERIENCED JUDGES
INFORMAL COST-EFFECTIVE

  • Governed by informal, user-friendly rules and procedures which diminish expense and confrontation.
  • Certainty and choice: select your decision-maker from FLT’s knowledgeable, experienced, competent Family Law arbitrators, many of whom are retired judges.
  • Better control of scheduling -- date, time -- uninterrupted hearings of adequate length.
  • Representation by counsel of your choice, and other professionals may participate and assist as needed.
  • Rules of arbitration allow for greater privacy and confidentiality.
  • Comfortable, convenient private downtown hearing rooms.
  • Pre-hearing conferences with attorneys can enhance/assist/restore/clear communication - can create a climate and process for easier resolution of parenting and financial issues.
  • Faster, more certain process reduces the time in which spouses and children are victims of uncertainty, stress, and tension.
  • Arbitration can avoid the possibility of months or years of litigation and appeals.
  • Opportunities to expedite discovery and hold down other costs.
  • Characteristics of a good arbitrator: Perceptive, patient, articulate, experienced, knowledgeable of subject matter, selfconfident, trustworthy, wise, and impartial.
Mediation by FLT professional mediators can occur before, during, or after arbitration.

INCENTIVES TO ARBITRATE:
Cost and time savings
Less confrontational relationships
Early case evaluation and assessment
Better control over process and scheduling
Resolving disputes in an informal, business-like manner
Benefit of knowledge, expertise and experience of the arbitrator



AN ARBITRATOR'S DECISION IS CALLED AN "AWARD"
  • Awards concerning property division and spousal support are virtually always final and binding.

  • Awards concerning minor children (custody, time-sharing, child support) may be reviewed by Family Court to assure they are in the child(ren)’s best interests.
See Excerpts from “Why Arbitrate Family Law Matters?” for more detail.


HOW TO INITIATE ARBITRATION:
  • You may simply send the other side a letter like the Sample Invitation – or – call FLT/DPR (523-1234), and we will “invite” the other side.

  • Once both sides agree, an Agreement to Arbitrate is signed. See the Sample Agreement to Arbitrate which can easily be tailored for your specific situation.

  • Then an arbitrator is selected. See the FLT/DPR Panel of Arbitrators. (Or you can both agree on a different arbitrator and still ask FLT/DPR to administer the arbitration and conduct it here).

  • The usual first step in the arbitration process is a pre-arbitration conference. See the Sample Agenda.



ARBITRATION IS GOVERNED BY HRS 658A AND BY THE FLT/DPR ARBITRATION RULES.


THE FINAL PRODUCT OF ARBITRATION IS AN AWARD
[see redacted examples of actual Awards (sample 1, sample 2)] which Family Court can confirm and turn into a Divorce Decree.