Binding Agreements for Arbitration in an Ohio Divorce Matter May Not Be Binding
You may have signed an agreement for arbitration in your divorce matter. You may have been told that this process would be cheaper or more efficient than litigating your divorce in court. You may realize that the arbitration process is not as efficient as advertised. Are you able to get out of the arbitration agreement? Recent Ohio case law has provided a way out of binding arbitration agreements in divorce matters if certain procedural requirements are not met.
The Fifth District Court of Appeals recently held that an arbitration was improper when the matter was not referred to arbitration by the Court but instead proceeded based on a signed agreement to arbitrate. Therefore, in order for the arbitration agreement to be binding, the parties may have to formalize the agreement in a court entry that is signed by the judge. Failure to follow specific procedural requirements could make the entire arbitration process improper.
Please contact the office of Randal Lowry & Associates at 330-929-0507 to discuss arbitration in divorces.