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Miller v. Miller

620 A.2d 1161 (1993)

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Miller v. Miller

Pennsylvania Superior Court

620 A.2d 1161 (1993)

Facts

In May 1989, Lori J. Miller (plaintiff) and Raymond E. Miller (defendant) divorced. Upon the divorce, Lori and Raymond entered a marriage settlement agreement, which included a mediation/arbitration agreement. Pursuant to the mediation/arbitration agreement, matters involving property divisions, financial support, and child custody were to be resolved through mediation and, if unsuccessful, were to be decided through arbitration that would bind the parties. When Lori and Raymond first separated, they agreed that Raymond would have custody of the two children. However, Lori later sought custody of the children. After mediation attempts were unsuccessful, the matter of custody was submitted to a panel of arbitrators. The arbitrators awarded Lori with custody, but Raymond refused to comply with the arbitrators’ decision. In response, Lori sought to have the decision enforced by a trial court. The trial court held a hearing on the matter. The judge concluded that the provision allowing for custody matters to be decided through arbitration was void as against public policy and therefore refused to enforce the custody decision in favor of Lori. Lori appealed.

Rule of Law

Issue

Holding and Reasoning (Ford Elliott, J.)

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