In Kentucky, the right of litigants to contract for settlement of claims by arbitration is guaranteed by Section 250 of the Kentucky Constitution:
It shall be the duty of the General Assembly to enact such laws as shall be necessary and proper to decide differences by arbitrators, the arbitrators to be appointed by the parties who may choose that ...
More and more, Kentucky family courts are called on to determine when their statutory mandate to identify and equitably divide marital assets[1] requires third-party joinder.[2] Divorcing parties often are sole or joint owners of a businesses, trustees, and beneficiaries of a family trust, or just less than candid about their interest in ...
During family law arbitration presentations, the most frequently asked question is whether settling family law claims using arbitration would be an unlawful delegation of judicial power. Save for a lapse in concentration during a recent Brown Bag seminar hosted by the Louisville Bar Association, I have consistently contended applicable case ...