What is arbitration and how frequently is it used in Illinois divorce cases?
Several states, including North Carolina, have laws which specifically allow arbitration in family law cases. The American Academy of Matrimonial Lawyers adopted the Model Family Law Arbitration Act in 2005. Until Illinois enacts such an act, it is anticipated the arbitration will not be a widely used alternative for issues in Illinois divorce cases. In states allowing arbitration of family law matters is a legally binding, non-judicial procedure held before a neutral third party who acts as a private judge. The judge is usually an attorney trained in divorce law. Throughout the entire process the parties are represented by counsel. Unlike mediation, neither party can unilaterally terminate the arbitration process and once they agree to commence the proceeding, they may be bound by the arbitrator’s decision, just as if a judge acted in his or her official capacity. Under the Model Family Law Arbitration Act the parties can agree to arbitrate some or all of the issues involved in their
