I provide both arbitration and mediation services to divorcing
couples. The problem with submitting the one sticky issue to
arbitration is that it guts the collaborative process, and is an easy
fallback when things go sideways. I would suggest bringing in a
mediator to work with the parties on that one issue, then returning
to a four-way. If you want to ensure leaving the room with a final
result, you can try arb-med. The parties present their case,
personally or via attorneys, the arbitrator reaches a decision and
seals it in an envelope. Then mediates. If no agreement is reached,
the envelope is opened and the award entered. Med-arb does not work
since the parties hold back in the mediation. Arbitration is, after
all, litigation without a flag behind the judge.
--- In CollabLaw@xxxxxxxxxxxxxxx, "Ann Gushurst" <ann@...> wrote:
at
Dear brain trust,
A colleague and I are, for the first time, faced with the issue of
least one issue that seems intractable in a collaborative case.Falling
back on Pauline's book, we offered the clients the solution ofhow
arbitration of this issue.
Does anyone have any guidance to offer us on an agreement on this,
we would set the guidelines for the arbiter and how this can bedone in
an non-adversarial way?their
We were thinking of having each party state their interests, and
preferred solution. Having prior agreement on all documentaryevidence
(which we are not sure is needed anyway), not allowing crossguidelines
examination, and having the arbiter be guided by the ethical
as well as relevant law on arriving at a decision.entity
We are feeling the need of collaboration on our approach and would
appreciate any advice or experience on this that may be out there.
Thanking you in advance,
Ann Gushurst
(and David Littman)
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton, CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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