781.708.4445

info@levinedisputeresolution.com

Divorce Mediation Blog

Appointed Arbitrators and Masters

Thursday, October 18, 2012

Increasingly, litigation parties whose disputes elude settlement are opting out of the public trial process and electing private resolution services instead. Sometimes, the mutual recognition of the need to “go private” itself unlocks the capacity to agree on substantive points; but often the parties remain fixed in their negotiating positions, despite the recognition that they share important process interests. For these people, third-party decision-making remains necessary.

Contracting parties may, for a variety of reasons, conclude that future disputes may well occur, yet they share an interest in avoiding litigation. Therefore, they designate an arbitrator before whom to air future controversies. The arbitrator holds the power make “awards” that are final and binding (subject in the case of child support and child custody matters to review by the court for “best interests”). If the designated arbitrator becomes unable or unwilling to serve, the parties may designate the court as the agent to appoint another arbitrator.

The decision to seek private adjudication may also arise from the litigation process itself. In these cases, the result may be arbitration, but it may also take the form of a court-appointed “master”. A master sits as an agent of the court, holding hearings, considering evidence, finding “facts” and recommending resolutions. The master’s work is subject to review by the appointing court, most often resulting in adoption of the master’s results.

In either case, the parties have asserted control over their own destiny, despite their inability to achieve substantive settlement. They select their decision-maker and conduct hearings at times and with rules to which they themselves agree, with efficiency and privacy maximized.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

divorce judgment Matrimonial Arbitration alimony statute resolve disputes divorce mediation Major League Baseball Arbitration separation Self-adjusting alimony orders child support alimony Baseball Players Uniform Arbitration Act annulment IRC §2704 Cohabitation Family Law Arbitration Divorce Agreements divorce mediations divorced family and probate law disputes med/arb rehabilitative alimony arbitrator divorce arbitrators health insurance mediations Same Sex Marriage divorce litigation Chouteau Levine lawyer-attended mediation how baseball arbitration works Divorce DOMA mediators Massachusetts lawyers private dispute resolution Levine Dispute Resolutions Baseball alimony law lawyer Twinkies divorce process Defense of Marriage Act lawyers divorce arbitration support orders family law arbitrator family mediation Act Reforming Alimony in the Commonwealth SJC health coverage divorce and family law mediators traditional negotiations alimony orders med-arb mediation self-adjusting alimony dispute resolution fraud special master facilitated negotiations family law arbitration COLA disputes Baseball Arbitration family support mediator Obamacare LDRC Massachusetts divorce mediators divorce agreement Massachusetts alimony and child support Alimony Reform Act divorce and family law divorce lawyers arbitrators Levine Dispute Resolution Center LLC family law arbitrators family law mediation litigation Levine Dispute Resolution Levine Dispute Resolution Center divorce mediators medical benefits General term alimony Massachusetts Lawyers Weekly Boston conciliation MLB labor agreement Massachusetts Alimony Reform Act Massachusetts alimony The Seven Sins of Alimony Child Support Guidelines high-risk methodology divorce arbitrator alimony reform legislation divorce mediator Massachusetts pre-ARA alimony