THE OKLAHOMA BAR JOURNAL 14 | MARCH 2025 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. found that 49 states, including Oklahoma, allow family law arbitrations as to property and financial issues.40 Additionally, 37 states, including Oklahoma, allow family law arbitrations regarding child custody issues, with many requiring some form of judicial review of the awards.41 ISN’T MEDIATION A BETTER OPTION THAN ARBITRATION? Thirty-plus years ago, lawyers were reluctant to use mediation in attempting settlement of their cases.42 The anxiety of revealing too much of their best evidence or disclosing their trial strategy was compounded by a fear of potentially demonstrating their negotiation weaknesses.43 Mediation is now considered mainstream – frequently ordered by courts before pretrial conferences are scheduled, used in almost every case and considered the “best hope” in resolving difficult disputes. Mediation is not always effective for numerous reasons. Mediation often fails due to errors of valuation. Effective communication of valuation is crucial, as poor signaling can lead to misunderstandings and hinder settlement.44 Another reason for mediation failure is the lack of shared factual grounding. Parties may hesitate to share information, but transparency is essential for building trust and settling.45 Important information revealed during mediation can significantly affect the other side’s valuation and facilitate resolution.46 High emotionality can cloud judgment and impede mediation.47 Litigants often engage in disputes due to perceived injustices or personal stakes, leading to irrational decision-making.48 Emotional investment from both parties and their counsel can create barriers to settlement, making it essential to manage emotions effectively during mediation.49 In these circumstances, arbitration can be a better option because parties in a family law matter may not build a consensus in mediation and may also not want the expense and delays inherent in litigation. CONCLUSION Family law arbitration in Oklahoma presents a promising avenue for enhancing the efficiency and effectiveness of family law proceedings. The recent legislative changes underscore the state’s commitment to reducing court congestion, providing speedy resolution to proceedings and minimizing costs associated with traditional litigation. Arbitration offers a streamlined process, leading to more timely resolutions and benefiting all parties involved. Oklahoma’s move toward embracing arbitration aligns with the national trend of adopting the Uniform Family Law Arbitration Act, reflecting a broader recognition of arbitration’s potential in family law matters. However, it is crucial to maintain a balance between the benefits of arbitration and the necessity of judicial oversight. While arbitration can expedite proceedings and provide a more flexible framework for dispute resolution, the role of the judiciary remains vital in ensuring the rights and interests of all parties, particularly children, are adequately protected. As Oklahoma continues to integrate arbitration into its family law system, careful consideration must be given to preserving the integrity and fairness of the process. By doing so, the state can harness the full potential of arbitration to improve the administration of family law while safeguarding the essential principles of justice.
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