Divorce Mediation Blog

A Shout-out for Bullet Arbitration

Wednesday, December 18, 2013

Recently, we handled a case where the parties had been engaged in divorce mediation with a really great mediator, after litigating hotly, but inconclusively, for some time. They were progressing in the new process, but kept running into a stubborn problem: the value of the husband's business, and the level of compensation from it, were widely contested; so much so, that they could not reach closure on either asset distribution or support.

The lawyers for the parties called, with their mediator, and inquired about family law arbitration (an out-of-court adjudication to which they would agree to be bound, under rules and conditions that they themselves negotiated and set). We, of course, said "yes".

Within the week, a deal on the rules was struck: each expert would give a narrative presentation of his valuation analysis, subject to a defined period of cross-examination by opposing counsel and questioning by the arbitrator, followed by re-direct examination by proponent's counsel. The rules of evidence applied to cross and re-direct exams. The experts were sequestered. The arbitrator's (who also served as a master, facts final by appointment of the court) work product would be a report/award of the valuation, with a brief rationale. The parties waived findings of fact and closing arguments.

These were the rules that they chose, and that worked for them. The proceedings could have been less formal, or completely court-like, if they preferred; but they seized control of their own situation and made it work in the way that made sense to them: a successful negotiation.

Within about three weeks of the initial call, the hearing occurred and 10 days later the parties had their arbitrated result. It included a value for the husband's interest and it explained the income predicate used in the capitalization of cash flows.

A few days after, they returned to mediation and settled their case.

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

Delivered by FeedBurner

other articles

recent posts


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