Any parent, regardless of the dispute over their child and whether there is no fear that the child is safe with the other parent, should consider arbitration, not a court to resolve the dispute. For custody and property service cases in North Carolina, preliminary mediation is mandatory. There are conflicting parties who have the opportunity to resolve these issues outside the court with their lawyers and a neutral third party. If the Ombudsman can help the parties reach an agreement, a real estate liquidation or separation agreement can be reached instead of being tried. This can significantly reduce the time it takes for a judge to grant a divorce. Alternative dispute resolution, such as mediation, can save valuable time, money and emotional energy for all involved. In determining whether the arbitrator`s decision will cause harm to the child, the New Jersey Supreme Court requires that all custody and educational time issues resolved by arbitration be accompanied by “full registration.” A complete recording requires a recording of all documentary evidence, all evidence that must be recorded in the proper sense, and that the arbitrator indicate in writing his factual findings and legal conclusions, with an emphasis on the best-interest standard. Why would the court require it in on-call and educational arbitration proceedings, but would it not require registration in other arbitrations? Because the courts have greater jurisdiction over children and are charged with a specific obligation to protect children. The court can accurately and completely assess the assertion that an arbitrator`s award or decision harms the child and avoids any complete repetition of the arbitration process. Without a complete record, it is almost impossible for a court to understand the facts and conclusions of the law that guided the arbitrator`s decision-making and whether or not the result was harm to the child. Arbitrators are empowered, under Section 51 of the Family Law Act and the Arbitration Act, to deal with matters that could be dealt with under a marriage contract, separation agreement, life agreement or paternity agreement, provided that arbitration is conducted exclusively in accordance with Ontario law (or any other Canadian jurisdiction). Where decisions are made by the arbitrator that do not comply with Ontario law or any other jurisdiction, such decisions are not applicable.
While the parties are free to decide on their custody and education issues, a written agreement is required. The agreement must clearly demonstrate that the parties are aware of their rights to a court decision and have knowingly and voluntarily renounced it. As a result, a person cannot be obliged to sign a conciliation agreement, he must understand the terms of the agreement. Your respective lawyers can help you decide on an appropriate person that you can place if you enter into a contract with them in advance. While arbitrators do not require technical certification, arbitrators are often lawyers trained in alternative dispute resolution and applicable law.