781.708.4445

wmlevine@levinedisputeresolution.com

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


tags

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