To Arbitrate Or Not To Arbitrate

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Michigan law offers the parties an opportunity to arbitrate the outcome of their divorce rather than going through the cost and expense of trial.  However, there are a number of drawbacks to the arbitration process.

The Michigan Court of Appeals’ most recent opinion on divorce arbitration underscores the downside of the arbitration process and why it is not the right solution for many couples.

Arbitration takes place through the choice of a single attorney to act in place of the judge and to make decisions regarding the outcome of your case.  Within very limited circumstances, those decisions reached by the arbitrator are final and binding.

An Arbitrator’s ruling on a contested question of fact cannot be overturned by the Court and an Arbitrator’s mistake on the law is only reviewed under very limited circumstances.

David Binkley is himself an Arbitrator and has successfully navigated cases through arbitration on a number of occasions.  But one size does not fit all and the client must know the downside of arbitration before he/she proceeds.

Call us to discuss your case.

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