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Why Would Someone Choose Religious
Arbitration?
rough religious arbitration, divorcing or separating couples
can resolve their marital disputes in a process that is consis-
tent with their faith. For devout families whose daily life is
tightly structured around religious observance, submitting
private disputes to respected religious leaders may be part
and parcel of their belief system. rough religious arbitra-
tion, couples can participate in a form of dispute resolution
that is compatible with their shared spiritual worldview.
Religious arbitration may have appeal for additional
reasons stemming from the characteristics of arbitration in
general. Arbitration—religious or otherwise—involves the
submission of a dispute to third-party decision-makers for
resolution. When spouses can’t resolve their conicts through
mediation or negotiation, arbitration oers an attractive
alternative to litigation. Unlike court proceedings, arbitration
is private, and the parties and their religious leaders can
dene the arbitration process as they see t. It is potentially
less expensive than litigation, even taking into account the
fees of the arbitrators. Also, the process may reach a conclu-
sion more quickly than claims presented to a court, especially
in urban areas with crowded court dockets.
According to news reports, religious arbitration
at divorce is on the rise. Members of conser-
vative religious groups are choosing to opt
out from civil law and to submit their
disputes to faith-based tribunals. Most major
religious denominations have some method of private
dispute resolution within their domains, some going back
centuries. e practice is particularly widespread in New
York where numerous Orthodox Jewish groups live in
cohesive communities.
Due to the judiciary’s embrace of arbitration in recent
decades—fueled by the Supreme Court’s expansive interpre-
tations of the Federal Arbitration Act, 9 U.S.C. §§ 1 et
seq.—arbitration today is a favored means of dispute
resolution. at receptivity extends to religious arbitration.
See generally Michael Broyde, S T, J
C, C P: R A
A W (Oxford 2017). While religious
arbitration is an accepted form of dispute resolution, courts
remain protective of their core role in safeguarding children’s
interests and ensuring fundamental fairness. is article
describes the practice of religious arbitration today and the
constitutional and public policy concerns that it implicates.
Religious Arbitration of Family Disputes
By BARBARA ATWOOD
Published in Family Advocate, Volume 42, Number 2, Fall 2019. © 2019 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
