Pro Bono Arbitration Arbitrator Information

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Family Law Pro Bono Arbitrator Requirements - Download Application

To be listed as an arbitrator on the MBA FLS’s list of family law pro bono arbitrators, individuals must satisfy all the following requirements:

 

1. Be an attorney at law, a former attorney at law on inactive status, or a senior judge;
2. Have successfully completed at least six classroom hours of basic family law arbitration skills training approved by the MBA Pro Bono Family Law Arbitration Committee, including instruction in the process and forms to be used for the arbitration;
3. Have successfully completed a combined five hours of instruction, approved by the Pennsylvania Supreme Court Continuing Legal Education Board, in domestic violence and child abuse;
4. Be a member in good standing of the Montgomery Bar Association, and have at least ten years of experience as an attorney;
5. Have and will provide annual, written proof of a current policy of professional liability insurance, which includes arbitration as a covered area; and
6.  Acknowledge that the Committee has sole discretion whether to add or remove an applicant to or from the list of approved family law pro bono arbitrators, as well as to assign cases to the arbitrators on the list.

 

Each prospective arbitrator shall provide to the MBA FLS Pro Bono Family Law Arbitration Committee (“the Committee”) a certification in a form acceptable to the Committee as to these requirements.

The Committee has sole discretion whether to add or remove an applicant to or from the list of approved family law pro bono arbitrators, as well as to assign cases to the arbitrators on the list. The Committee will be led by two co-chairs, initially Rochelle B. Grossman, Esquire, and Carolyn Moran Zack, Esquire, and such other chairs or co-chairs as the MBA FLS chairperson may designate from time to time.

 

Procedure

The Parties will be referred to the Program by Montgomery County Family Court (“the Family Court.”) The Family Court will review divorce cases with pending economic claims before they are assigned to a hearing officer to make a preliminary determination as to whether the Parties meet the income threshold for the Pro Bono Family Law Arbitration Program. Family Court may request documentation from the parties, including verified inventories, tax returns, affidavits, or other information before making this determination. Upon making the initial determination of qualification, Family Court will refer the matter to the Pro Bono Family Law Arbitration program for further assessment.

 

The Committee Co-Chairs will assign an arbitrator to the case upon referral from Family Court. The Arbitrator will schedule an intake session within thirty days after performing conflict clearances and making written disclosures of any conflict. At the intake session, the Arbitrator will conduct a domestic violence screening of each Party, verify the Parties’ financial qualification to participate in the program, and confirm the Parties’ agreement to proceed with voluntary binding arbitration.  If the Parties are appropriate for binding arbitration as determined by the Arbitrator, and they voluntarily agree to proceed with submitting their economic claims to binding arbitration, the Arbitrator will submit to the Parties a proposed Agreement to Arbitrate in the form attached as Exhibit A, for their review and signature.

 

If the proposed Arbitrator is unable or unwilling to serve, then the Committee will assign another Arbitrator, and the procedure to clear conflicts and confirm the willingness and appropriateness of the Parties for this Program will begin again.

  

The Arbitrator will commit up to 8 hours of time for each pro bono family law arbitration matter, including the intake meeting. If the arbitration exceeds 8 hours of time, then the Arbitrator may terminate the process and refer the matter back to Family Court for adjudication.

  

The Arbitration will be held at such location or by such method (i.e., including remotely by Zoom or other software) as is acceptable to all Parties and to the Arbitrator. This program does not require counsel for the Parties, but Parties may and are encouraged to consult with an attorney. The Arbitrator, even though trained as a lawyer, does not represent either party and does not give legal advice. The Arbitrator will have no liability for any act or omission in connection with the Arbitration. 

 

The Parties shall not call the Arbitrator as a witness or as an expert or to produce any records or documents in any pending or subsequent judicial, administrative or arbitration proceeding involving the Parties and relating in any way to the dispute which is the subject of the Arbitration. The Parties agree to disqualify the Arbitrator as a witness or as an expert in any such proceeding. 

 

The agreement to be signed by the Parties is to provide, among other things, that: 

 

1. Except as specifically set forth in 42 Pa.C.S.A. Section 7395(d), the Parties shall not call an Arbitrator to testify or to produce records or documents of any nature; and if this occurs, and the court determines that the arbitrator is not competent to testify or required to produce records, the Party issuing the subpoena shall be responsible to the Arbitrator for all costs and expenses incurred by the Arbitrator in connection with objecting to and defending against such subpoena, including, without limitation, attorneys’ fees.    
2. The Parties will also defend and indemnify the Arbitrator from any subpoenas from any non-Party in connection with the Arbitration.
3. The Arbitrator shall be immune from suit, and they shall not be liable for any act or omission in connection with the Arbitration.

 

After the Arbitration is concluded, the Arbitrator will issue an Arbitration award that will be submitted to the parties and to Family Court for processing the entry of the divorce decree.