Divorce Mediation Blog

Divorce Arbitration: Three Reasons Why It is Not Just for the Wealthy

Wednesday, March 13, 2013

Divorce Arbitration, or the presentation of family law disputes to an agreed impartial third party, for decision outside of court, is not a remedy that is either intended for or beneficial only to the wealthy. In fact, it may be of greater use to the “99 percent” because of its ability to be tailored by cost-sensitivity. Here are three examples:

  1. The costs of delays in court and court proceedings hit lower economic clients harder as a proportion of their resources than wealthier people, as for example, non-progressive taxes do (think cigarette, gasoline and MA state income taxes).
  2. The ability to define procedural rules by contract permits lower economic clients to have a trial that they
    1. time limit overall (i.e., “no more than 3 hours for hearing”;
    2. limit time of direct or cross examination of witnesses (i.e., direct examination of 1 hour with, or cross-examination limited to ½ hour);
    3. use written direct testimony (already in use in the federal courts);
    4. relax rules regarding hearsay and other forms of objections;
    5. eliminate written findings of fact and/or limit scope of the arbitator’s written rationale; or
    6. create a mutual trial “budget” (ie, agree that the marital estate will pay no more than $2,500 for the arbitration hearing and to accomplish that...).
  3. As arbitration becomes more prevalent, there will inevitably be more arbitrators who cater to different segments of the market by use of lower or higher hourly rates, or even lump sum fee arrangements.

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

Delivered by FeedBurner

other articles

recent posts


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