781.708.4445

wmlevine@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

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