by Amy J. Amundsen and Carolyn Moran Zack

Introduction

In the 1989 classic film “Field of Dreams,” Iowa corn farmer Ray Kinsella envisions a baseball diamond in his cornfield with baseball legend “Shoeless” Joe Jackson standing in the middle and then hears a voice whispering, “If you build it, he will come.” After Ray and his wife Annie plow under their corn crop to build a baseball field, they risk financial hardship, but with the support of some imaginary and real-life characters, they persevere. In addition to reconnecting with his father, Ray finds economic success and personal fulfillment as hundreds of people arrive and pay to watch the National Pastime.

The phrase “If you build it …” has become a metaphor for the law of attraction, which suggests that using long-term goals to make specific, concrete changes in the present will help you to achieve those goals. Achieving resolution of family law disputes privately, more quickly, more cheaply, and with less adversarial posturing, are goals shared by family lawyers and their clients. Family law arbitration, which is the process by which parties voluntarily submit their claims for adjudication to a third-party neutral, allows parties to effectuate these goals.1 By recognizing the benefits of family law arbitration and encouraging clients to use this process routinely, family lawyers can shift away from the litigation forum into a trend-setting confidential forum of arbitration. With more family lawyers striving to reap the myriad benefits resulting from family law arbitration, trying it out in their cases, and working together to improve the applicable laws and rules, this method of resolving disputes may become the new field of dreams.

This article will help family lawyers guide clients who are trying to decide whether arbitration is appropriate for their case. Part I discusses what lawyers need to know to propose arbitration to their clients and opposing lawyers, including trends and research in favor of arbitration, the laws applicable to arbitration, the cases or issues that are appropriate for arbitration, and its advantages and disadvantages. Part II addresses the essential components of an arbitration agreement, including considerations for child-related awards, and distinguishes private judging. Part III gives an overview of the arbitration process. Part IV discusses techniques that can be used, including final-offer arbitration, mediation-arbitration, singleissue arbitration, and a panel of arbitrators. Finally, Part V argues in favor of the need for family law-specific legislation or rules to provide more reliability in the process and to protect the interests of family law participants. 

View the full article here, beginning on page 65.