Marian Kromkowski and Matthew Posner of Kromkowski & Posner, P.C.

ARBITRATION

Getting a divorce, no matter how simple or complex the situation may be, puts an emotional and financial strain on everyone involved.

There are many unsettling changes to deal with: finding a new place to live, handling new financial responsibilities and custody arrangements and the uncertainty of not knowing what the future will bring.

The prospect of going to court can be equally intimidating. That’s why more and more couples are turning to resolution methods that focus on working together and arriving at a mutually acceptable settlement.

THE ARBITRATION OPTION:

Divorce Arbitration OptionArbitration may be viewed as a private divorce hearing. It can be used to address property division, child custody, child support, parenting time and spousal support. Arbitration must be chosen by the parties. The parties choose a qualified family law arbitrator. Evidence is presented to the arbitrator and he/she decides the outcome of the dispute. Once the arbitrator makes a final recommendation, the settlement is submitted to a judge, who must approve the settlement unless the arbitrator breaks very limited rules. Parts of the arbitrator’s decision cannot be appealed.

Advantages of Arbitration:

  • Can reduce the delay in bringing your case to a prompt conclusion
  • Parties select a trained arbitrator who everyone has confidence in
  • Conducted in private and more informal than a trial
  • Brings finality to the dispute as appeals are very limited
  • HELPFUL LINKS:
    What is Arbitration
    http://www.mediate.com/articles/grant

    Michigan's Alternative Dispute Resolution Processes
    http://courts.michigan.gov/scao/resources/other/Taxonomy.pdf

    Case Law on Domestic Relations Arbitration
    http://www.leehornberger.com/UserFiles/File/Update-FAMILY-March-2010.pdf