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The Untapped Potential of Arbitration

29 Nov 2023 4:46 PM | Kelsey Peake (Administrator)

On November 29, 2023, Carolyn presented along with fellow AAML members Carolyn N. Daly (NJ) and Heather Hostetter (MD) s a panelist in the AAML webinar, The Untapped Potential of Arbitration. The panel was moderated by AAML members Jared Pinkus (Ill) and Ryan Nowlin (OH) and was attended by approximately 50 attorneys, mostly Fellows, from across the United States. The panel discussed the benefits of binding family law arbitration, including how it can provide a more efficient, cost-effective, and tailored approach to resolving family law disputes, and provided their insights about drafting effective arbitration agreements, managing client expectations, and best practices for arbitrators and participants. The panel also addressed questions posed by the attendees. Carolyn recently authored an article in the ABA Family Advocate entitled, Family Law Arbitration: An Underutilized ADR Option, which discussed the reasons why family law arbitration is expedient, reliable, and cost-effective, including that it allows parties to litigate their disputes confidentially, select their decision-maker and procedural rules, schedule the hearing according to the availability of the parties and their witnesses, and obtain a final decision within weeks or months. The article also answered common questions about family law arbitration, including some common misconceptions, and explained how the Uniform Family Law Arbitration Act (UFLAA) provides a roadmap for the proper resolution of unique family law issues and guardrails for vulnerable family law participant. A link to the article is found here (add link). Carolyn was instrumental in drafting and advocating the Pennsylvania Family Law Arbitration Act, HB 917, which was passed by the Pennsylvania Senate Judiciary Committee on November 15, 2023, and is awaiting consideration by the Senate Appropriations Committee.

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