The Oklahoma Bar Journal March 2025

Mediation is not always effective for numerous reasons. Mediation often fails due to errors of valuation. Effective communica tion of valuation is crucial, as poor signaling can lead to misunder standings and hinder settlement. 44 Another reason for mediation failure is the lack of shared factual grounding. Parties may hesitate to share information, but transpar ency is essential for building trust and settling. 45 Important informa tion 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 injus tices or personal stakes, leading to irrational decision-making. 48 Emotional investment from both parties and their counsel can cre ate barriers to settlement, making it essential to manage emotions effectively during mediation. 49

found that 49 states, including Oklahoma, allow family law arbi trations as to property and financial issues. 40 Additionally, 37 states, including Oklahoma, allow family law arbitrations regarding child custody issues, with many requir ing some form of judicial review of the awards. 41 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 poten tially demonstrating their negoti ation weaknesses. 43 Mediation is now considered mainstream – frequently ordered by courts before pretrial conferences are scheduled, used in almost every case and con sidered the “best hope” in resolv ing difficult disputes. ISN’T MEDIATION A BETTER OPTION THAN ARBITRATION?

In these circumstances, arbitra tion 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. Family law arbitration in Oklahoma presents a promising avenue for enhancing the effi ciency and effectiveness of family law proceedings. The recent legislative changes underscore the state’s commitment to reduc ing court congestion, providing speedy resolution to proceedings and minimizing costs associ ated with traditional litigation. Arbitration offers a streamlined process, leading to more timely resolutions and benefiting all parties involved. Oklahoma’s move toward embracing arbitra tion 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 main tain a balance between the bene fits of arbitration and the necessity of judicial oversight. While arbitra tion 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 chil dren, are adequately protected. As Oklahoma continues to integrate arbitration into its family law system, careful consideration must be given to preserving the integ rity 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. CONCLUSION

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.

14 | MARCH 2025

THE OKLAHOMA BAR JOURNAL