What Do Arizona’s Rules Say About Arbitration in Family Law Cases?

What is the definition of “arbitration”?  Arizona Rules of Family Law Procedure (hereinafter “ARFLP”) 66(B) defines arbitration as:  “a process in which parties agree to submit the issue(s) in the dispute to a neutral third party or parties retained by the parties for a binding decision, in accordance with the Arizona Arbitration Act, A.R.S. §§ 12-1501 to 1518.”  Can family law litigants stipulate to use arbitration?  Yes.  ARFLP 67(c). What issues can be arbitrated?  Parties can arbitrate … [Read more...]

What is the difference between Mediation and Arbitration in Arizona?

Mediation and arbitration are both methods to resolve disputes out of court.  However, the similarities end there.  In arbitration, the proceeding is governed by an arbitrator who hears testimony and otherwise reviews evidence, like a trial.  The arbitrator then makes a decision as to which party prevails. By contrast, in mediation, a mediator oversees the process, but he/she does not take evidence or make a ruling.  Instead, a mediator, using conflict resolution skills, helps parties reach … [Read more...]

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