These excerpts are taken from Family Arbitration: Perspectives of a Practitioner and Trainer, written by Richard W. Shields. This content will be part of the upcoming 40-Hour Family Arbitration Law & Skills training. Learn more here.
The Nature of Arbitration
Arbitration is a voluntary dispute resolution process in which a neutral third party intervenes to provide a final and binding decision on the issues in dispute submitted by the parties to arbitration. A dispute must have arisen, which the parties agree to submit to arbitration for disposition. Arbitration cannot be imposed upon the parties.
Conduct of an Arbitration
An arbitration may be conducted on the basis of documents or a hearing may be held for the presentation of evidence followed by oral or written argument. The arbitrator shall hold a hearing if a party requests it. Provided that neither party to an arbitration requests a hearing, it could be conducted solely on the basis of documents and arguments, although it is prudent for the arbitration agreement to provide so specifically. A variation of the foregoing models is final offer arbitration or final offer selection. Each party delivers his or her Final Offer together with written submissions in support to each other and the arbitrator. A party could decide to accept the offer of the other. If no offer is accepted, the arbitrator then holds a brief oral hearing for final submissions following which he or she selects the better offer.
The Stages of the Process
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