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