What are the differences between mediation and arbitration?

On Behalf of | Jan 23, 2023 | Mediation

A divorce takes time, negotiation and compromise. Absent that, a judge will make decisions that impact the rest of your life. You may consider trying an alternative route to resolve your divorce, such as mediation or arbitration.

When all roads lead to divorce, maintaining some semblance of control is crucial. Take a look at the differences between mediation and arbitration to decide which way you think is better for your situation.

What happens during mediation?

Mediation involves coming together before a neutral third party. The mediator guides you and your spouse through all the issues, allowing you to openly discuss all the pieces needed to finalize your divorce. If all goes well, you may come out with a tentative non-binding divorce agreement. The downside to this type of resolution is that either party may decide to back out of the agreement, and the process can start again, or you may proceed to the judge.

Is arbitration the same as mediation?

Likewise, arbitration runs almost the same way as mediation, except an arbitrator is also usually court-appointed. The arbitrator helps you and your ex to come to a reasonable conclusion on the issues, but unlike mediation, the arbitration agreement is legally binding. This means neither party can change it or back out of it without legal repercussions.

Both mediation and arbitration allow you and your spouse to maintain more control over how your divorce issues resolve. However, if a compromise on all issues is not in the cards, you may continue before a judge, which will lead to the legal end of your marriage.

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