NCJ Number
64381
Journal
Arbitration Journal Volume: 32 Dated: (JUNE 1977) Pages: 111-122
Date Published
1977
Length
12 pages
Annotation
THIS ARTICLE EVALUATES SIGNIFICANT CHANGES IN THE ARBITRATION PROCEDURES OUTLINED IN THE NEW FAMILY DISPUTE SERVICES (FDS) OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).
Abstract
THE NEW RULES ARE DESIGNED TO DEAL WITH (1) CONCILIATION TO REUNITE HUSBAND AND WIFE; (2) MEDIATION, OR ASSISTING THE SEPARATED PARTIES TO ARRIVE AMICABLY AT AGREEMENT TERMS; (3) REFERENCE OF DISAGREED-UPON ITEMS TO A REFEREE FOR FINAL AND BINDING DETERMINATION; AND (4) ARBITRATION OF DISPUTES ARISING UNDER SEPARATION AGREEMENTS. THE NEW RULES GO BEYOND THE PREVIOUS PROCEDURES UNDER THE COMMERCIAL RULES OF THE AAA IN PROVIDING FOR PROFESSIONAL OPINIONS ON THE BEST INTERESTS OF THE CHILD, THE ARBITRATOR'S RIGHT TO INTERVIEW THE CHILD, AND THE APPOINTMENT OF ARBITRATORS FROM A PANEL BY THE AAA. AN ALTERNATIVE METHOD OF COURT RESOLUTION OF FAMILY DISPUTES IS SEEN AS NOT ONLY IMPROVING THE PROCESS IN GENERAL BUT ALSO MAKING INSUPPORTABLE THE RESERVATIONS OF THE COURTS IN FULLY RECOGNIZING SUCH AN ALTERNATIVE. THE ADDITION OF PROVISIONS FOR RESPECTING THE BEST INTERESTS OF THE CHILD AND FOR ALLOWING THE ARBITRATOR TO INTERVIEW THE CHILD ARE EXTREMELY VALUABLE CHANGES. ALSO, THE ABILITY TO CHOOSE THE DECISIONMAKER IS ONE OF THE LEADING ADVANTAGES TO ARBITRATION. HOWEVER, THE NEW PROCEDURES DO NOT PROVIDE FOR MEDIATION OF DISPUTES ARISING UNDER SEPARATION AGREEMENTS PRIOR TO THEIR SUBMISSION TO ARBITRATION; THE BEST RESOLUTION IS ONE WHICH THE PARTIES HAVE REACHED THEMSELVES--THUS THE PARTIES SHOULD AT LEAST HAVE AN OPTION TO SEEK MEDIATION BEFORE RESORTING TO ARBITRATION. OVERALL, THE NEW ARBITRATION RULES POINT IN THE RIGHT DIRECTION BY ELIMINATING THE CONCEPT OF FAULT, BY MINIMIZING THE ADVERSARY NATURE OF FAMILIAL PROBLEMS, AND BY EMPHASIZING SELF-DETERMINATION IN THE RESOLUTION OF SUCH PROBLEMS. THE FDS WARRANT THE SERIOUS CONSIDERATION OF THE BAR AND FAMILY COUNSELING PROFESSIONALS. NOTES ARE PROVIDED.