To begin on a note of honesty, I had no idea there was such a thing as appellate arbitration before being selected to serve in that capacity a year or so ago.
It came about when two matrimonial litigants agreed, following unsuccessful mediation, to submit their outstanding disputes—of which there were many—to arbitration before a retired Family Court judge. So far, pretty routine. However, they were both unwilling to give up the right to appeal that would follow from a trial court ruling. Thus, the arbitration agreement provided that the arbitrator’s decision would be appealable by either party, or both (as it turned out) to a designated appellate arbitrator, who would review the arbitrator’s rulings under the normal standards of appellate review.
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