Arbitration


#1

My Ex is not cooperating in the alimony or ED process. Mediation failed. How can I get the judge to order binding arbitration without consent from my Ex?


#2

Great Question Meadow!!

I’m anxious to know from the experts.

Do you file a motion? Or during a hearing make a motion? …
Complaint? So much!! I’m all eyes to read the answer :slight_smile:


#3

You can file a motion to be ordered into arbitration pursuant to Rule 53 of the rules of civil procedure. I have not seen arbitration ordered many times, but it does occur.


#4

Once ordered to arbitration, is it true that once the arbitrator makes the final decision in all matters, your stuck with it (their decision on ED , child support, alimony, retirement/401k) ?

Can this be overturned if you disagree?


#5

An arbitrator’s award is binding like a court order.


#6

How does Plaintiff get an appraisal of Defendant’s home and autos when Defendant won’t cooperate? The appraisal has been ordered in the pre-Scheduling and Discovery conference for Equitable Distribution. Also, the Defendant is not cooperating and did not appear at the pre-Scheduling and Discovery conference. How can Defendant be made to pay for appraisals of home and autos?


#7

You will need to file a motion for entry upon land in order to gain access to the home so it can be appraised. Generally the parties split the cost of the appraisals. Keep a record of these expenses so you may present them at trial.