When discussing arbitration with your legal counsel, you will want to talk through the potential advantages and disadvantages. Advantages of divorce law arbitration include: The ability of participants to decide who will be their judge. Parties can select an arbitrator with particular expertise, such as business valuation, retirement plans, tax, nonmarital tracing issues, mental health,...Read More

Alternative Dispute Resolutions (“ADR”) include divorce mediation, arbitration, and collaborative family law. Kentucky Courts regularly order family law cases to mediation, but arbitration is used much less frequently. What is arbitration? The American Bar Association describes arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about...Read More

We are delighted to report that the Kentucky Supreme Court granted discretionary review in Campbell v. Campbell, the arbitration case about which we lamented here and digested here.Read More

A motion for discretionary review has been filed in Campbell v. Campbell, which we digested here, and ranted about here. This is most welcome and it is my hope that review will be granted.Read More

Distressed that arbitration is not a viable alternative to spouses who cannot afford to pay an arbitrator and holding that the approval of the arbitration process by a family court constitutes an improper delegation of its constitutional responsibility, the Kentucky Court of Appeals recently barred arbitration in divorce cases. Read More

Campbell v. Campbell  2006-CA-001803-MR and 2006-CA-001827-MRRead More

In response to an October 22, 2006 Los Angeles Times article, Is Justice Served, Victoria Pynchon is posting a series of arbitration articles. The first is Does Arbitration Disserve Justice? It is followed by Arbitration v. Litigation.Read More

HOW TO FIND A DIVORCE ARBITRATOR? Easy. Click here for AAML certified arbitrators across the United States. Once you have a name, you can then check out a possible arbitrator’s bio and website by going here.Read More

As to outcome, an arbitrator makes the decision and is responsible for the quality of the decision. By contrast, a mediator facilitates parties reaching their own decision and is neutral regarding the outcome. In mediation, parties are responsible for the quality of the decision.Read More

A blue ribbon faculty led by Lynn P. Burleson of Raleigh, NC and Hanley M. Gurwin, Bloomfield Hills, MI, and assisted by Joan F. Kessler, Milwaukee, WI, Allen R. Koritzinsky, Madison, WI, Barbara K. Runge, Houston, TX and Stephen Schlissel, Mineola, NY, taught their annual arbitration course for the American Academy of Matrimonial Lawyers in...Read More