Legal Question in Civil Litigation in Massachusetts

Re: Fraud necessary to over turn an arbitration award

The answer to your question calls for a very lengthy response. You mention no facts, but only a very broad question on one area of law.

Re: Fraud necessary to over turn an arbitration award

There is a lot to your questions presented, and some of them are impossible to answer without a lot of specific information. Since it is quite unusual to have arbitration in divorce cases, I would also want to verify that the ADR process in which you participated was arbitration and not mediation (which is very common).

If there actually is a binding arbitral award involved, you should realize that there is a very high bar to overturn an award for fraud. The general provisions for setting aside an arbitral award are set forth in Mass. Gen. Laws ch. 251, �12. However, I have doubts about whether an arbitration can conclusively resolve certain issues (e.g., alimony or child support) without the probate court's separate determination of fairness. You need to consult a qualified family-law attorney in this regard.

Best wishes,

LDWG

Re: Fraud necessary to over turn an arbitration award

Here are some excerpts from two recent cases.

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Margaret B. SPENLINHAUER, Plaintiff/Appellant

v.Paul M. KANE, and others, Defendants/Appellees

Aug. 4, 1998.

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663 N.E.2d 867

40 Mass.App.Ct. 315

John M. REYNOLDS v. Anne WHITMAN. Decided April 24, 1996.

Further Appellate Review Denied June 11, 1996.