Arbitration Agreement For Divorce In San Jose

State:
Multi-State
City:
San Jose
Control #:
US-0009BG
Format:
Word; 
Rich Text
Instant download

Description

Online arbitration is different from traditional arbitration. The common thought that online arbitration is just the combination of online mechanisms and traditional arbitration is not true. The main thesis of this article is that online arbitration is different from traditional arbitration not only because it is held online or partly online but also because its definition elements may vary from those of traditional arbitration definition. The article aims to provide an inclusive and precise definition of online arbitration and extract different types of online arbitration from the definition accordingly. In order to define online arbitration accurately, it is helpful to look closely at the component elements of traditional arbitration from which it evolved. Naturally, there is much commonality across the two forms, but also relevant differences in the detail of component elements of both. Moreover, some component elements may not be shared at all, belonging uniquely to just one form of arbitration. A study of the component elements of both forms is therefore necessary to provide a definition of online arbitration.
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FAQ

During arbitration, you and your spouse will each state your cases, with or without legal representatives, along with evidence to support your argument. The panel of judges will listen to both sides and decide things such as asset division, spousal support, child custody and child support.

Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.

During arbitration, you and your spouse will each state your cases, with or without legal representatives, along with evidence to support your argument. The panel of judges will listen to both sides and decide things such as asset division, spousal support, child custody and child support.

The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.

A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.

Attorneys are Optional Parties may represent themselves at the arbitration hearing. Often they seek prior consultations with attorneys in order to develop a strategy for their presentation or a review of their legal position.

Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).

How to Write a Divorce Agreement in California Start with basic information. Outline asset and debt division. Specify spousal support terms. Detail child custody and support. Include a dispute resolution clause. Finalize with signatures and notarization. Submit the agreement to the Court.

Both sides will give opening and closing statements, present evidence, and call and cross examine witnesses in front of the arbitrator. After each side presents their case, the arbitrator will issue their decision within the time allotted in the arbitration agreement.

More info

What does Family Court help with? This article aims to discuss the basics of arbitration and mediation how the two processes compare, and what may be a better fit in a specific situation.The San Jose Marital Settlement Agreements Attorney at Aeschleman Law can help you navigate marital issues. Call today! Arbitration and mediation are two common forms of alternative dispute resolution. However, they differ from each other in significant ways. Call or fill out the short form below. We will usually respond within 1 business day but often do so the same day. To schedule a consultation, please call us at or fill out the form at the bottom of this website. Client Testimonials.

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Arbitration Agreement For Divorce In San Jose