Gatorubet;1770396; said:
Yeah. Binding arbitration = no appeal. Because decisions are always right and fair the first time.
First off, parenting plans are always subject to review given a change of circumstance.
Right and fair are rather touchy words. I would rather focus on if the party is better or worse off. Even given a bad day at the arbitrator I believe that:
Bad decision at arbitration is better than a Right and Fair legal decision after battle + fees + stress.
Here in Arizona it's a joint property state with a fairly good base of case law to decide spousal maintenance. (at least in Maricopa county and not ass backwards Pima) re:
Cullum v. Cullum, 160 P.3d 231, 507 Ariz. Adv. Rep. 38.
It is easy to concieve of a rule based arbitration system that arbitrators are required to follow. Failure to abide by the rules will result in review and sensor. The system will have feedback.
After reading Freakonomic I started viewing the world by how things are incentivised. An arbitrator would make be incentivised to make fair decisions since both parties are involved in choosing an arbitrator. Lawyers are incentivised to create conflict. The more conflict created the bigger their payout.
From
Divorceinfo
Every now and then, the news media will report a new study on the levels of stress caused by various occurrences in our lives, and divorce is always near the top of the list. Here are a few of the events and the levels of stress they produce, according to one such study:Event Stress
Death of Spouse 100
Divorce 73
Marital Separation 65
Death of close family member 63
Jail term 63
Personal injury or illness 53
Marriage 50
Fired at work 47
So according to this source Divorce is worse then the death of children or going to jail or getting fired. Surely there is something wrong with the system. the two happiest days in a boat owners life is the day they buy the boat and the day they sell it. Should be the same with a women.
Someday I hope that people who have a vested intrest in people will make a change to stop the damage from adversarial divorce. Employers will offer well tailored prenups and postnups that go farther then my checkbox. Credit companies will join the cause so they don't suffer the financial fallout. Child advocates will join so the children don't suffer innocently along with the parents. Also, the family will be in better financial shape and the child support more likely to be paid in a non-adversarial divorce. Someday, somebody will answer my call.
My contribution is to jump on a soap box whenever, however I can. To advocate right and justice. To make decisions that will support all Americans. For apple pie and baseball. I would rather America learn to take care of itself then we all learn to speak Chinese.