How are the rights of appeal from an arbitration limited?
Each state has its own statute, so there are some differences from state to state, but most follow the Uniform Arbitration Act, which states that an appeal can only be taken from:
- An order denying an application to compel arbitration.
- An order granting an application to stay arbitration.
- An order confirming or denying confirmation of an award.
- An order modifying or correcting any award
- An order vacating an award without directing a rehearing.
- A judgment or decree entered pursuant to the Uniform Arbitration Act.
That’s a lot of legalese, but you can see that an appeal from an arbitration is severely limited.
What if my ex-spouse and I don’t want to limit our rights of appeal? Does that mean we can’t use arbitration and must resort to litigation?
No, it does not. Judges and lawyers realize that court dockets are packed, and that many people would desire arbitration. The parties of an arbitration can agree to expand the rights of appeal for their particular arbitration. This is done so in agreement with the arbitrator prior to the hearing. Each arbitration has specific guidelines and these additions or changes in the guidelines must occur prior to the first session of arbitration. A successful arbitration must always have clear guidelines.