Likewise, in divorces, arbitrators may be used to determine the value of businesses and other assets, or to settle visitation disputes. These arbitrators are familiar with the subjects, and much time and testimony can be saved. Arbitration is commonly used in labor cases. Each side needs the other, and they must live together after the dispute. Arbitration has worked well in this field because it is technical.
Specialized arbitrators are the answer.
To commence arbitration, there must be some agreement to arbitrate. That agreement may be worked out in a labor contract or in a private contract long before a dispute starts. Many divorce decrees, especially joint custody arrangements, contain agreements to arbitrate. At the time the parties agree to this method, there is no dispute. What they do is to agree ahead of time that if a dispute arises, they will use arbitration.