By Detra Mills, Mills Law
An arbitrator's judgment may be found clearly erroneous on appeal if the arbitrator awards attorney fees during a dissolution proceeding without taking into account the party's ability to pay the award. Further, the arbitrator's findings of fact must disclose the valid basis for the legal result reached relative to a party's ability to pay such an award.
The failure of the arbitrator to enter such findings in Masters v. Masters (02A04-1404-DR-178) led the Indiana Court of Appeals to remand to the Trial Court with instructions to enter a reasonable attorney fee award. See http://www.in.gov/judiciary/opinions/pdf/10291401ewn.pdf.
You can find more information here from its coverage in the Indiana Lawyer.
This post was written by Detra Mills of Mills Law. If you would like to submit content or write an article for the ADR Section page, please email Mary Kay Price at firstname.lastname@example.org.