Arbitration
Suzanne Whitaker is a registered arbitrator available to decide civil, commercial, employment, and domestic relations cases. She trained as an
arbitrator with Henning Mediation and Arbitration Service after practicing law for eight years.
What is arbitration?
Arbitration is one form of alternative dispute resolution ("ADR"); unlike mediation, arbitration is somewhat formal and conducted in a
manner very similar to a court proceeding. It is highly recommended that the services of a court reporter be used to have a certified record
of the hearings.
Georgia and federal law provides that parties may submit their disputes to binding arbitration in certain cases. Generally a contract provision
or other agreement of the parties will dictate whether the parties must submit to binding arbitration in lieu of traditional litigation.
What happens during arbitration?
During an arbitration session, an arbitrator (or a panel of arbitrators) conducts hearings to resolve disputes. Generally the arbitration panel
will consist of at least one attorney, and may also include other experts depending on the nature of the dispute; for example, construction disputes
may consist of a panel comprised of an attorney with experience in construction and contract lawsuits, a construction superintendent, and an engineer.
Effective January 1, 2008, divorcing parties in Georgia may agree in advance to submit all issues relating to the dissolution of the marriage, or
modification of domestic relations actions, to binding arbitration. This option is set forth in O.C.G.A. Section 19-6-1 and other provisions of
the Georgia code, which provides that the arbitrator may reach a decision that is binding on the parties, subject to court review only if the
arbitrator's decision evidences a manifest disregard of the law.
This means that domestic cases can be scheduled and decided at the parties' convenience, rather than during a judge's availability; that these cases
can be fully heard without having to compete for a judge's time and attention; and that they can be resolved in a private forum and in a
cost-effective manner.
If you are interested in retaining Ms. Whitaker for arbitration services, please contact her office.