I am being sued for unjust enrichment. My attorney wants me to pick an arbitrator. Is this a good idea?

Asked over 1 year ago - Las Vegas, NV

My boyfriend's ex-wife is suing him for breach of contract because he lost his job and can't pay what was agreed upon in their Marital Settlement Agreement. It was not written as alimony, and a family court judge ruled that it was not alimony. She is also suing me because she thinks I am hiding money for him (which is not true and is easy to prove). The attorney has asked us to pick an arbitrator. What does this mean? Is this a good idea?

Attorney answers (2)

  1. Sandy Van

    Pro

    Contributor Level 5

    Answered . An arbitration is like a mini trial and most cases go through mini trials similar to mediation and arbitration. The arbitration is a third party similar to a judge who makes a decision after hearing both parties arguments. Request from your attorney to see the list of arbitrators. Then do some research on each arbitrator. Some arbitrators are pro plaintiff for example, some know family law better and can better apply it. Each side can choose to strike off arbitrators they decide they do not want to use. Then one will be randomly assigned from the list left. You must do this quickly as there are time limits and each side must turn in their list by a deadline. Good luck.

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  2. Michael F. Lawrence

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It sounds like the decision to arbitrate has already been made. That being so, its always a good idea to pick an arbitrator you believe can be fair and follow the law. Ask to see a list of proposed arbitrators and then talk to your lawyer about which is best suited to your case. Do some additional research, it can only help make an informed decision. Good Luck.

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