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Home > New Case Law > Haleas: Illinois Appellate Court Affirms Arbitrator’s Award of Maintenance and Property – Case of First Impression

Haleas: Illinois Appellate Court Affirms Arbitrator’s Award of Maintenance and Property – Case of First Impression

In re Marriage of Haleas, 2017 IL App (2d) 160799 (April 13, 2017), represents a watershed case for alternative dispute resolution in Illinois divorce cases.

There have been no appellate court cases in Illinois involving the issue of arbitration clauses in Illinois’ initial divorce cases.  In this case, the parties had agreed to resolve the issues involving property and maintenance through binding arbitration. In August 2016, the trial court confirmed the arbitration award and entered a judgment for divorce incorporating this award. The now former wife appealed and the appellate court affirmed. The appellate court was clearly frustrated with the arguments made on appeal where it concluded:

As mentioned, to ascertain the existence of a public policy, we look to our constitution, statutes, and relevant judicial opinions. Id. Again, respondent does not ask us to undertake this analysis. therefore, beyond the purview of our limited review of arbitration awards. Respondent fails to present any authority supporting her suggestion that judicial review of arbitration awards that concern property or maintenance differs from the limited judicial review, supported by established precedent, of other arbitration awards. As such, we have no basis to conclude that the trial court erred in confirming the arbitration award and entering the judgment incorporating the award.I suggest that with Haleas as ammunition we can expect that more lawyers in complex Illinois divorce cases may consider the option of so called “binding” arbitration of issues of maintenance and property distribution.

The limits of the case are clear:

Finally, that dissolution-of-marriage issues can implicate public policy does not necessarily affect judicial review of arbitration awards concerning the issues raised here. This case does not involve child custody or support issues, where the law severely limits, on public policy grounds, the ability to privately contract away or limit rights. See, e.g., In re Marriage of Best, 387 Ill. App. 3d 948, 951 (2009). Respectfully Submitted:

Gunnar J. Gitlin*

*Fellow:  American Academy of  Matrimonial Lawyers / International Academy of Family Lawyers and listed Best Lawyers in America

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