Legal Question in Family Law in Texas
Divorce Arbitration
My divorce was settled in binding arbitration. Some months afterward I was told, by an attorney acquaintance, arbitration is held similar to a court setting; arbitrator as judge, attorneys, witness called, evidence entered, etc. In our arbitration we only set as described above to hear one live witness and then the arbitrator dismissed us to separate rooms, like we did in mediation. During this process the arbitrator informed us they/he were calling witnesses on the phone, this without our participation. Our other live witness was required to sit in our room and after a few minutes of presenting our evidence the arbitrator dismissed this expert witness before we had finished. My attorney didn�t seem to be concerned about this process, only the dismissal of our expert and the (phone) called witnesses without our participation.
Which is the correct/proper/legal way to hold arbitration? If it is the former setting should this be reported to the court, bar or other entity?
2 Answers from Attorneys
Re: Divorce Arbitration
You should have been required to review and sign an arbitration agreement prior to taking the dispute to binding arbitration. That document at the very least outlines the procedures to be used. Some cases look just like court would be at the courthouse. Other cases I have done arbitration by submission of documents and haven't needed any witnesses. So, there is no "correct" way to conduct arbitration as long as it's done with a written agreement. Some forms refer to standard rules and practices. To look up those you will need to speak with your attorney.
Re: Divorce Arbitration
There normally is no one specific way to have an arbitration. Generally, it is up to the parties involved and the arbitrator. There normally is some form of agreed formalities between the attorneys and the arbitrator as to the actual arbitration proceeding. You might want to discuss this further with your attorney. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
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