Arbitration of Family Law Issues

Arbitration of Family Law Issues Upheld.  The parties included a provision in their divorce agreement requiring certain issues to be submitted to final binding arbitration.  Pursuant to this clause, an arbitrator awarded the wife alimony and ordered the husband to pay the ex-wife one-third of the husband’s benefits under a family trust.  The Probate and Family Court approved the agreement and, on the husband’s appeal, the appellate court upheld the arbitrator’s decision.  Further, the Court held that that there was no public policy reason to prohibit the enforcement of an arbitration clause that was agreed upon by the parties.  Reynolds v. Whitman, 40 Mass. App. Ct. 315 (1996)