Arbitration in Michigan
Parties may choose to avoid litigation and enter into binding arbitration in which they allow an impartial third party arbitrator, or panel of three arbitrators, to gather and weigh evidence presented by both sides under agreed-upon rules to determine the outcome of domestic relations issues such as property division, child custody, child support, parenting time, spousal support, and the enforceability of premarital agreements. In this respect, it is like a trial. Like mediation, however, arbitration is generally considered to be less costly and time consuming than litigation, and can result in less personal strife between the parties than litigation, which is intentionally confrontational.
Parties may choose arbitration to avoid long waits for a court date and because the parties can choose their "judge," the arbitrator. Parties should understand they are bound by the decision of the arbitrator, however, and there is generally no appeal to the decision of an arbitrator.
Parties can opt for the arbitrator to follow court rules, case law, and statutory law, and must include such an instruction in the arbitration agreement. Otherwise, the arbitrator is free to deviate from the normal court/litigation procedures.
The arbitrator issues a written decision within 60 days of the end of the hearing, unless the parties reach a settlement beforehand.
(MCL 600.5070 - 5080)
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