Attorneys and litigants retain a great deal of control over the family law arbitration process. The parties decide the scope of the arbitration, what controlling authority applies, what law they are arbitrating under, whether there will be review of the arbitrator’s decision, whether the rules of evidence will apply and the overall formality of the process.
If the issues to be arbitrated are limited to financial issues, the parties have great discretion over how the arbitration will be conducted. The process will set up in the agreement to arbitrate or the consent order to arbitrate. The only exception for economic issues is that arbitration decisions pertaining to child support are required to have findings of fact and conclusions of law.
Arbitration of child custody and parenting issues requires more formality.
