We went to mediation and signed an agreement that if it was not worked out then we had to go to arbitration. Well over a year later we ended up in Arbitration. The arbitrator made his decision, the other party finally agreed to it but will not sign the final papers. I now have a court date in 2 weeks. Can the Judge change the Arbitrators decisiion? Or does the Judge just sign the final papers and the divorce is over? This is not about child custody or anything to do with the child....
The judge had ordered us back to arbitration several months ago for a binding decision. The final papers were drawn up by my attorney and are a mirror image of the ruling. He agreed in writting to the arbitrators ruling but will not sign the final papers. He changed his mind and is demanding more things from me after he agreed to the arbitrators decision. Can the judge change the award still?
Was it binding arbitration? It doesn't sound as though it was. If it wasn't binding arbitration, then the judge CAN make a different ruling . . . but if the arbitrator's decision was fair and reasonable it seems likely that the judge will endorse that decision.
Yes, when I went in to arbitration and couldn't agree, we had to go in front of a judge, the judge made the final decision. It was not in my favor, unfortunately, even though he made 4 times my income, and had already paid more than half of my children's expenses since separating. I had to pay more.
I urge you be prepared for anything. One of the questions that the judge threw at me, that I was not prepared for was, "are you pregnant?"
Depends on what was agreed to. The judge will not let something pass that is not in the best interests of the parties involved, where one is losing more than the other party. Because children are involved, the judge will make sure that the best interests of the children are first and foremost, if the arbitrated settlement does not support them, the state would be responsible for the care of those kids thru DSHS support services.
I wish you and your family well.
In my experience the purpose of the Arbitrator in the first place was so that they could use their expertise to come to an agreement. This saves the judge time and effort. He will look at the Arbitrator's recommendations and most of the time that becomes "law" in the judge's eyes. You shouldn't have a problem. Judge may even chastise other partoy for wasting the court's time. Judge just wants the facts, he doesn't want to have to go and research everything and then make a decision...he wants the other professionals (CPS, Arbitrators, Counselors, etc.) to do that job and he just rules and sides with them.
Although the Judge has the authority to change the arbritary
decision they seldom do. Only case for that would be if there is new evidence that was not considered or he feels some evidence wasn't taken into consideration.
Be strong and try not to let your soon to be ex stop you from proceeding in life. A lot of times when a party in divorce is losing he/she will string it out for spite. Don't let them have the satisfaction to hurt you. Be strong for yourself and your children.
Good luck.
J.,
It sounds to me like what you are doing is defaulting. This is what happened to me with my divorce. If they don't sign and you have jumped through all the hoops and done the red tape stuff then after X number of days the marriage is over by default. For me that number was 90 days.
Good luck,
Melissa
I feel for you. My ex-husband didn't do anything, didn't go to the parenting classes, didn't sign the papers. It took 60 to 90 days longer (I think) because it went into default. Our Divorce was final 1 week before our 11th anneversary. It took about 6 months. Hang in there. I'm confident that the judge will be on your side.
J., there are some answers that sound "right" but the only one who can accurately answer this question is your attorney. If you no longer have an attorney you probably could get an answer from the court's domestic relations office. Keep in mind that that office will not know all the facts within your case.
Please ask your attorney or some other professional person with experience in the same court system in which you are bringing this matter.
Sooo sorry! I am in the same boat except I am still searching for a good attorney. any suggestions
Generally speaking, arbitration is a step to avoid going to the judge and having a full blown trial.
It looks like you are in for the trial, *but* the judge may simply look at the paperwork and agree with the arbitrator. Either way, it's almost over.
I'm sorry you are having to go through this...especially with so much uncertainty. I'll pray for a favorable outcome and peace and security for you...noone should have to live in survival mode.
I am not for certian, but I believe the judge will just finalize the papers since the other party isn't cooperating, not change anything since both parties agreed to arbitration.
Well the judge can do whatever he wants -he is a judge! However if the other side has agreed in writing the judge will probably sign whatever was agreed to in arbitration. Arbitration, by law, is usually binding (unless you're a celebrity and getting huffy about handing over 6 jags or something *winks*).
Then there is default. At this point it sounds like the other person is drawing things out and that can mega piss off a judge. They are wasting his time. He'll be on your side especially when the other side is asked to explain his signature on paper. It'll be over fast most likely. A judge is more likely to agree to a known arbitrators ruling than some person who is running through a divorce.
