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  3. Divorce In arbitration, the divorce c

Divorce In arbitration, the divorce c

游客2024-10-27  39
问题                                       Divorce
     In arbitration, the divorce case is presented to a neutral party called an arbitrator who, like a judge, has the power to decide what should happen in the case. Arbitrators may be matrimonial lawyers or former judges, but in any case they should be familiar with the law. The arbitrator has power to compel decisions over the objection of one or both parties. The decisions may be either binding or nonbinding. If binding, parties are usually bound by the decision until you can prove the arbitrator was biased, made a gross error of law or exceeded the arbitrator’s authority. A nonbinding decision may be appealed, but if the end result is the same as the first decision or more favorable to the other spouse, the spouse who appealed may be ordered to pay the other’s costs.
     Many states now require you and your spouse to participate in mediation, arbitration or some other form of alternative dispute resolution before a judge will hear the divorce case. Usually you will have to pay for the services, but in some states the court will provide mediators at no cost. In any case, resolving your conflicts without going to court will cost you less money and be easier on your emotions. Here are some tips to consider when evaluating mediation and arbitration options:
   A mediator helps you and your spouse to reach an agreement but has no power to enforce it.
   An arbitrator acts like a hired judge but may or may not be a lawyer.
   An arbitrator may also enforce an agreement.
   If the court requires mediation, opposing it may anger the judge and prejudice your case.
   Mediated agreements may be harder to alter than court decisions.
   Whether you use mediation or arbitration, go into it prepared. [br] An arbitrator could be anyone of the following EXCEPT______.
选项 A、a sitting judge
B、a retired judge
C、a matrimonial lawyer
D、a former judge
答案 A
解析 根据提问，文章中第一段说明只要熟悉法律的都能担任调解员。但是，没有说现任的法官能担任。参看最后提示里面的话：An arbitrator acts like a hired judge but may or may not be a lawyer．也表明法官不能担任。
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