Arbitration
Arbitration in most respects is exactly the same as mediation except for one important difference: if the parties do not reach a voluntary agreement then the arbitrator is authorized by court order to stand in place of the judge and make a decision in the case which decision is final, binding and fully enforceable by the court. Unlike mediation, arbitration cannot be imposed upon the parties. The parties must voluntarily agree to arbitrate. The arbitrator must be appointed by the court and his powers to decide the case must be spelled out in the form of a court order. The arbitrator’s decision can only be vacated by the court if a party can prove the arbitrator was corrupt, committed fraud, was not impartial (by clear evidence), exceeded his powers or committed misconduct. As with mediation, the arbitrator can decide custody and parenting time issues.