What happens if a party doesn't show up for a scheduled family arbitration session?
What happens generally depends on the arbitration agreement's own terms and the arbitrator's approach to managing the process, since there isn't one single, universal consequence built into every family arbitration for a missed session. In many cases, an arbitrator has discretion to proceed based on the information and submissions available, particularly where the absent party had proper notice of the session and no adequate explanation for missing it, rather than simply halting the entire process indefinitely.
That said, an arbitrator generally still needs to be satisfied that proceeding without one party was fair in the circumstances, especially if there's a legitimate reason for the absence, such as a genuine emergency, rather than an attempt to avoid or delay the process. Repeated non-attendance without good reason can weaken that party's position significantly if the arbitrator ultimately does proceed. Because the specific consequences depend heavily on the arbitration agreement's wording and the arbitrator's own procedural rules, anyone concerned about a scheduled session, on either side, should get legal advice promptly rather than assuming a missed session has no consequences.
Key takeaways
- Consequences for a missed session depend on the arbitration agreement and the arbitrator's discretion.
- Arbitrators can often proceed with the process where absence isn't adequately explained.
- Fairness still needs to be considered, especially for a genuine, legitimate reason for absence.
- Get legal advice promptly if a scheduled session is missed, on either side of the dispute.