PROCESSES IN DIVORCE
By Maribeth Blessing, Esquire
Arbitration
I. Definition
The reference of a dispute to an impartial (third) person chosen
by the parties to the dispute who agree in advance to abide
by the arbitrator’s award issued after a hearing at which
both parties have an opportunity to be heard. Black’s
Law Dictionary - 5th edition
II. Participants in a Divorce Arbitration
A. The parties to the action; Third parties with standing
B. Counsel for the parties
C. Selected Arbitrator
D. Witnesses and Experts
III. Process
A. Private setting for hearing; privacy maintained
B. Preparation of clients and trial similar to court hearing
C. Rules of evidence apply unless agreed otherwise
D. Arbitrator personally selected by parties and counsel as
to their expertise in field
E. Relatively quick and inexpensive as compared to litigation
F. Flexible; Scope and issues determined by parties with their
counsel
G. Final and binding, except as to custody, visitation and child
support. See Miller v. Miller, 620 A.2d 1161 (Pa. Super.
1993)
H. Consolidation of issues before one fact finder; Control over
the process
I. Litigants more likely to abide by the results
J. Possible loss of appellate rights
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