Over the last few weeks, we've discussed various ways to
resolve family law disputes without resorting to court litigation.
We've looked at
negotiation and
mediation, the two most customizable methods falling under
alternative dispute resolution (ADR). This week, we provide a crash
course on the least flexible of ADR methods: arbitration.
How Does It Work?
Arbitration falls somewhere between mediation and court
litigation. As in mediation, arbitration calls for a neutral third
party to resolve the dispute, but a key difference lies in the
powers available to this individual.
Whereas a mediator simply facilitates the discussion, an
arbitrator has actual decision-making authority. However, the
arbitrator may decide only on matters that the parties agreed to
arbitrate — nothing beyond and never on matters that fall
under a court's jurisdiction, such as granting a divorce order.
Unlike in a court case, the parties entering into arbitration have
the freedom to
