MARCH 2025 | 11 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. WITH NEW LAWS, PRESSURES ON THE COURT SYSTEM and the economic reality of escalating legal costs, it is time for arbitration to be considered a serious method of alternative dispute resolution in family law cases. The Oklahoma Legislature recently amended the family law code to require courts to conduct a substantive (not proffer) temporary order hearing on child custody, visitation, child support and other ancillary matters, including property.1 Where domestic violence is alleged, the same substantive hearing must be held within 10 days.2 The amendment became effective Nov. 1, 2024.3 This may cause significant docket congestion in the larger counties. Practitioners may anticipate “cattle call” dockets with multiple cases being disposed of with rapid-fire dispensation of the “substantive” hearings to meet this statutory deadline. Arbitration of these temporary order hearings and family law matters in general – if embraced by the legal community – could alleviate much of the anticipated log jam. It would give parties the time and expert attention needed to resolve their initial temporary order, if not their entire case, thereby avoiding the overcrowded docket. Another common issue in family law practice is piecemeal trials, where the court hears evidence on nonconsecutive days over several months. This is inefficient, as both counsel and the court must reprepare by reviewing previous testimony each day the matter is set. This “startstop” process increases preparation time and counsel fees. Arbitration, like any other ADR process, involves additional expenses that the parties voluntarily incur.4 The parties select their arbitrator and share the associated hourly rates.5 The cost savings arise from the efficiency of the process.6 Preliminary conferences and hearings are scheduled promptly, either virtually or by conference call, and requests for discovery and interim relief are handled swiftly.7 This approach saves parties thousands of dollars in attorney and expert fees and reduces their time away from work and home obligations.8 The arbitrator may schedule a hearing on consecutive days to avoid the inefficient “start-stop” approach to family litigation. Arbitration is generally faster than traditional litigation.9 Arbitrators set and enforce deadlines for discovery, appraisals and expert reports, scheduling hearings with input from the parties or their counsel.10 The final award is typically issued within 30 days.11 Family law cases in traditional litigation can take months or even years to conclude, as trial courts are often overwhelmed with an increasing number of self-represented parties.12 FAMILY LAW MATTERS ARE SUBJECT TO ARBITRATION IN OKLAHOMA WITH JUDICIAL REVIEW Oklahoma law explicitly authorizes family law arbitration in one situation. Title 43 O.S. §109H states: In the event of a dispute between the parents having joint custody of a child as to the interpretation of a provision of the plan, the court may appoint an arbitrator to resolve the dispute. The arbitrator shall be a disinterested person
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