Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Practical Suggestions for Matrimonial Arbitration

By Mary Cushing Doherty

At the May 2008 AAML (American Academy of Matrimonial Lawyers) Matrimonial Arbitration Training Institute, presenters from North Carolina, Michigan and Texas, with scores of years of arbitration experience, gave advice about the responsibility of arbitrators and the smooth presentation of an arbitration case. That training is being considered through the lens of an important Pennsylvania matrimonial arbitration case: Deborah Kennedy v. Michael Kennedy, 865 A.2d 878 (Pa.Super. 2004).

Those who opt for arbitrating matrimonial cases choose to hire a private arbitrator to collect the evidence and make a decision on an efficient basis. Many praise the benefits of prompt resolution of the most difficult family law cases. A case that could take months or years winding through the legal system can be resolved in weeks via private arbitration. Unfortunately, in Kennedy, the arbitration award led to litigation in a neighboring county and a double appeal from the ruling amending the Arbitration Award, as well as the decree in divorce issued pursuant to that ruling. The Kennedys did not enjoy prompt relief, since the case was argued before the Superior Court and resulted in a remand. The attorneys in the Kennedy matter and the arbitrator are among the highest regarded family lawyers in Eastern Pennsylvania. They were doing their jobs to defend each client's position. Those who are embarking on arbitrations, however, should learn the lessons from Kennedy so that future arbitrations are not subject to appeal, or if they are appealed, the award will be upheld.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.