In a Michigan divorce, the parties can agree to arbitration instead of trial.
Arbitration is a form of alternative dispute resolution which is also referred to as ADR. Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue.
When parties mediate a divorce case, the mediator tries to facilitate a settlement, reviewing the evidence and suggest a compromise. In arbitration, the arbitrator will typically try to suggest a compromise. However, unlike mediation, if the parties cannot agree, the arbitrator will make the decision avoiding a trial.
Arbitration can save time and money
Arbitration can save the parties time and money by dispensing with many of the formalities of a trial which can be very expensive and complicated.
Limited Right to Appeal
When parties agree to arbitration, the right to take an appeal from an unfavorable decision is limited. This limited right to appeal can save the cost of protracted litigation which is nice unless you are unhappy with the decision. If a case proceeds to trial in front of a Judge, the right to appeal an unfavorable decision is broad.
Domestic Relations Arbitration Act
In Michigan, arbitration is governed by the Domestic Relations Arbitration Act which provides the statutory requirements of the Arbitration process. The major provisions of the Act are as follows:
- Section 600.5071 sets forth the requirements of an Arbitration Agreement
- Section 600.5073 sets forth the qualifications of an Arbitrator
- Section 600.5078 addresses the Arbitration award and errors or omissions; and
- Section 600.5079 addresses the Enforcement of an Arbitration award.
Arbitration is not for everyone as each case has unique challenges. We are ready to help.
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By: Daniel Findling
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