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The Matrimonial StrategistLJN NewslettersNewsSections

Practical Suggestions for Matrimonial Arbitration

By Mary Cushing Doherty
August 25, 2008

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.

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