Divorce Mediation vs. Arbitration

It is quiet common for couples who are seeking a divorce to get help through divorce mediation or arbitration.  Both methods use a third party negotiator to help get the spouses to agree on divorce issues such as child custody, child support, child visitation, property division and other divorce issues.  The parties each share the costs of the mediator or the arbitrator.  Costs are similar for both.  Mediators or arbitrators in divorce cases are generally attorneys.  You can obtain a referral from the court or your attorney.   A divorce and family law attorney can also help you with negotiating issues between you and your spouse.  It is a good idea to hire an attorney to represent you as well. 

What’s the Difference? 

Mediation 

If you have never used the services of a mediator or arbitrator, you are probably wondering what the differences are between the two methods.  Divorce mediation is non-binding. This means the mediator has no authority to make any binding rulings or decisions about your case.  The mediator functions as a neutral third party that helps bring you and your spouse together so you can resolve your divorce issues.  The mediator helps make the process quicker and easier.  Mediation is recommended in cases where the spouses are able to speak to one another and are willing to cooperate to resolve their divorce issues. 

Arbitration 

Arbitration can be binding or non-binding.  Non-binding means if either party is unhappy with the arbitrator’s decision, they can appeal the decision by allowing the judge to make a ruling instead.  Binding means that both parties agree to the arbitrator’s decision.  Evidence can be represented in an arbitration case.  Binding arbitration is the better choice for couples who do not get along and are unable to negotiate to come to a decision on their divorce issues. 

Why Use It? 

Mediation and arbitration reduce costs and save time because the parties avoid having to litigate contested and heated issues.  Using dispute resolution methods such as mediation and arbitration in a divorce case also helps to free up the court calendars to hear other cases.  It’s less stressful for the parties involved as well. 

Contact an Attorney 

It is recommended that you consult with a family law attorney if you are obtaining a divorce even if you choose to go to mediation or arbitration.  The attorney is an expert in divorce and family law matters, and can explain the divorce process and answer your questions.  An attorney can represent you in court and look out for your best interests.