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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-04-2006, 01:40 PM
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Default Arbitrated decisions??

More questions

We had an to have an arbitrator step in and make a change to the court order regarding the shared driving for access. This was done in Nov/05 and the arbitrator sent us both copies to sign and bring back to him of his decision and change in the court order. Well my ex has not signed this decision yet. He is following the decision but has not actually signed the paper.

My question is....

Does the arbitrator decision have to be signed by both parties to be legal or is it completly legal as is with just the arbitrators ruling and signature?

Thanks
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Old 03-05-2006, 03:06 PM
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An arbitrator's decision doesn't need to be signed by the parties - the arbitrator is there in the place of a judge. It would be like saying a judge's decision needs to be signed by the parties.

Once the arbitrator has made a decision, a court will enforce it once the appeal period has passed.

There's also a procedure to turn an arbitrated award into a court order - perhaps your ex isn't signing to paperwork to do this on consent? If that's the case, you could still turn the arbitrated award into a court order without your ex's cooperation.
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Old 03-05-2006, 03:37 PM
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thanks Jeff,

I feel better now knowing that.

I have another question for you regarding arbitrators.....

If one party does not want an issue arbitrated due to whatever reasons can they state to the arbitrator that they do not want the issue arbitrated?

Reason I'm asking is that my ex continues to go to the arbitrator for every issue which includes lies and deciet on his part and then when I provide the proof to the arbitrator of the lies etc he than has awarded it in my favour. But the issue is this continues to be costly as both parties have to share the expense of the arbitrator as stated in our court order.

This is getting to be frustrating on my part and I would like to know if I have the right to say to the arbitrator that "no , I do not feel or want this issue to be arbitrated' as there is no reason for it to be done.

If you could advise on this I would appreciate it.

Thanks
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