If you already have a case filed in an Indianapolis area court, you know that sometimes actually getting into court can be difficult. Courts resources are strained and many times, there are simply not enough judges or magistrates to hear cases as quickly as they would like. To add even more stress, the issues that can’t be resolved between parties may be time sensitive, such as school choice or a medical decision for a child. Learning that you cannot get a hearing on a school choice issue until after the new school year has begun can be disheartening. What can you do?
More and more parties are turning to single issue arbitration to get decisions made. Arbitration is another option for alternative dispute resolution that does not involve going to court. An arbitrator is a decision maker you hire who is available to hear your case and render a quick decision. Your attorney and your ex’s attorney can select their own arbitrator, who has specific training necessary to not only serve as an arbitrator, but also as a mediator. The parties, through their attorneys, can create a game plan for your arbitration hearing that will likely be much more comfortable than a hearing would be. Your arbitration hearing would be in the arbitrator’s office and may have more relaxed rules regarding how your evidence is presented than in court. Before you even begin your arbitration, your attorney will be able to tell you exactly when the order will be filed with the court, because that will be part of your arbitration agreement. No more constantly checking in with your attorney to see if the court has issued an order. If you need it in 30 days, your arbitration agreement will include language that the order must be issued in that timeframe.
Single-issue arbitration doesn’t have to be an issue as big as school choice, which could still take several hours to arbitrate. Other uses of single-issue arbitration arise when couples go to mediation and *almost* settle everything. Sometimes there may be one single issue on which they simply cannot compromise. Mediators (who are also trained as arbitrators) can offer an option to arbitrate these single issues if parties are unable to agree. This helps the parties find a sense of closure on “the big stuff,” while giving them a path forward if they cannot find compromise when there are any remaining issues.
Holly Wanzer and Elisabeth Edwards are registered domestic mediators and arbitrators, and are available to schedule your case for arbitration, whether for the entire case or a single issue.
