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ARTICLE · 27 SEPTEMBER 2013

Best Practices For Divorce Arbitration

Fox Rothschild LLP
Fox Rothschild LLP
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As noted in yesterday’s post on Minkowitz v. Israeli, the Appellate Division held that once you serve as a mediator, cannot then serve as an arbitrator, absent prior written consent to the dual role. But the decision written by Judge Lihotz did more than that.

United StatesFamily and Matrimonial
Eric Solotoff
Eric Solotoff
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As noted in yesterday's post on  Minkowitz v. Israeli, the Appellate Division held that once you serve as a mediator, cannot then serve as an arbitrator, absent prior written consent to the dual role.  But the decision written by Judge Lihotz did more than that.  She seemingly opined upon what should be the "best practices" for binding arbitration, in large measure noting that the trial court was too involved in the process after arbitration was agreed to.

The decision noted, as follows:

We close with these observations.    Arbitration, particularly binding arbitration, must be purposefully chosen, and the parameters must be designated in a contract between the parties. If binding arbitration is selected as the forum for resolution of disputes, a litigant cannot jump back and forth between the court and the arbitral forum. By its very nature, arbitration does not permit such a hybrid  system.  Further,  arbitration "should be a fast and inexpensive way to

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