The private adjudication process is similar to a court-like setting. Both parties are encouraged to obtain independent counsel during the private adjudication process.
All FAQs
What if my case is too complicated for private adjudication?
No case is too complicated to be resolved by using private adjudication. The private adjudication process is similar to a court trial. The issues, evidence and arguments presented by the parties’ lawyers are dealt with in the same manner as would be handled by a probate court judge.
What if we can’t agree on all the issues?
The private adjudication process presumes that the parties cannot agree on some or all of the issues and require a prompt decision from an experienced lawyer. The adjudicator’s decision may be used by the parties as guidance to come to an agreement or may be used as the basis of a final decision which ultimately will be subject to the approval of the probate court.
How long does private adjudication take?
The private adjudication process generally requires blocks of time contingent upon the complexity of the contested issues. Private adjudication time blocks are generally scheduled for half days, or four (4) hours.
Is private adjudication cheaper than using lawyers to handle a divorce?
The cost to litigate issues in the probate court tends to be higher than the cost to participate in private adjudication. The experienced attorney, acting as a private adjudicator, could schedule a hearing on contested issues substantially faster than a hearing before a judge in the probate court. The accelerated process of adjudication substantially reduces the additional costs of the parties legal fees as compared to the protracted court litigation.
Can a private adjudicator file divorce court documents?
An experienced attorney, acting as a private adjudicator, will render a decision on contested issues presented by the parties. This decision may be used as the basis of a later agreement by the parties or may be presented by the parties for the court’s consideration or adoption.