HOW DIVORCE ARBITRATION WORKS is the first in a series of family law arbitration posts.
An agreement to arbitrate fixes the power of the arbitrator, the degree of trial court and appellate review, compensation of the arbitrator, and the discovery process. The arbitration hearing is generally more informal than a court trial, but the proceedings are recorded and result in a written order tendered by the arbitrator to the trial court judge along with findings of fact and conclusions of law. As with motions to alter, amend or vacate, parties to the arbitration may move for amendment within the time set out in the arbitration agreement.
Arbitration awards may be more difficult to appeal, except for child related matters, than trial court judgments, depending upon the agreement of the parties within the arbitration agreement.
Stay tuned for more.