Arbitration is a private trial. The parties present their evidence to an arbitrator they chose, and the arbitrator issues a binding decision that the court enforces as a judgment.
John R. Foley accepts appointments as arbitrator in commercial and business disputes, family law matters, and probate and trust disputes. He serves by agreement of the parties and on referral from the court.
In arbitration the parties take their dispute out of the courtroom and to a private decision-maker. The arbitrator hears the evidence and arguments, decides the facts and the law, and issues an award. Unlike a mediator, an arbitrator does decide the case, and the decision is binding.
Arbitration offers several things litigation often cannot: the parties choose who decides their case, the hearing is set on a date that holds, the process is private, and the result is final, without years of appeals. The parties can also shape the process, for example by limiting discovery or agreeing on how long each side has to present its case.
Arbitration happens only by agreement. Sometimes the agreement is in a contract signed long before any dispute (many commercial contracts, operating agreements, and employment agreements contain one). Sometimes the parties agree after the dispute arises, often while a lawsuit is pending, and the judge enters an order sending the case to arbitration.
In Michigan, most arbitrations are governed by the Uniform Arbitration Act, MCL 691.1681 and following. Divorce, custody, and other domestic relations disputes are governed by the Domestic Relations Arbitration Act, MCL 600.5070 and following, which adds protections specific to families: the agreement must be in writing and must set out the issues to be arbitrated, the parties must acknowledge in writing that they understand what binding arbitration means, and the case is screened for domestic violence before it proceeds.
The hearing looks much like a trial, but less formal. Witnesses testify under oath and are cross-examined, documents are offered as exhibits, and the attorneys argue the case. The arbitrator is not strictly bound by the rules of evidence, which lets the hearing focus on what is reliable and relevant rather than on procedural objections. Hearings are held in a conference room or by Zoom, and the length depends on the case: many family and commercial arbitrations take a day or two.
In domestic relations arbitrations, a record is made of any part of the hearing that concerns child custody, parenting time, or child support, so that a court can review those issues if asked.
After the hearing, John issues a written award deciding each issue the parties submitted. Either party can then ask the court to confirm the award, and once confirmed it is entered as a judgment, enforceable like any other.
Review is deliberately narrow. A court will vacate an award only on limited grounds set by statute, such as fraud or corruption, evident partiality by the arbitrator, the arbitrator exceeding the powers the parties gave, or refusing to hear material evidence. A court will not retry the case because one side disagrees with the result. In domestic relations matters, the court keeps additional authority to review provisions on custody, parenting time, and child support to make sure they serve the children’s best interests.
To propose John as arbitrator, or to discuss whether arbitration fits a dispute, contact the firm. The firm will check for conflicts, confirm availability, and send a proposed arbitration agreement and fee terms to all counsel.
Arbitration gives the parties what a crowded docket often cannot: a decision-maker of their choosing, a date that holds, and an end.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.