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Divorce In arbitration, the divorce
case is presented to a neutral party called an arbitrator who, like a judge, has
the power to decide what should happen in the case. Arbitrators may be
matrimonial lawyers or former judges, but in any case they should be familiar
with the law. The arbitrator has power to compel decisions over the objection of
one or both parties. The decisions may be either binding or nonbinding. If
binding, parties are usually bound by the decision until you can prove the
arbitrator was biased, made a gross error of law or exceeded the arbitrator’s
authority. A nonbinding decision may be appealed, but if the end result is the
same as the first decision or more favorable to the other spouse, the spouse who
appealed may be ordered to pay the other’s costs. Many states
now require you and your spouse to participate in mediation, arbitration or some
other form of alternative dispute resolution before a judge will hear the
divorce case. Usually you will have to pay for the services, but in some states
the court will provide mediators at no cost. In any case, resolving your
conflicts without going to court will cost you less money and be easier on your
emotions. Here are some tips to consider when evaluating mediation and
arbitration options: A mediator helps you and your spouse to
reach an agreement but has no power to enforce it. An arbitrator
acts like a hired judge but may or may not be a lawyer. An
arbitrator may also enforce an agreement. If the court requires
mediation, opposing it may anger the judge and prejudice your case.
Mediated agreements may be harder to alter than court decisions.
Whether you use mediation or arbitration, go into it prepared. Which of the following statements is true, according to the passage
A.Both of the two parties are responsible for the cost involved in the case. B.The party who appealed and failed will have to pay for the other’s costs. C.Once the agreement is reached, it is the judge that is eligible to enforce it. D.The arbitrator is required to be a lawyer, a sitting lawyer or a retired lawyer.