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What is the Difference Between Arbitration and Mediation?

October 16, 2015 by West Coast ADR

Having realistic expectations is one of the most important things you can do to keep the stress involved in a divorce as low as possible. By understanding all of the possible options and what each entails, you will be better prepared to handle the surprises and delays common to divorces without losing sight of the end goal.

Two commonly misunderstood methods of divorcing are the alternative dispute resolution methods of arbitration and mediation. While both of these are ways that couples can avoid dealing with going to trial and having the family courts make the final decisions about the divorce issues, they differ in fundamental ways.

In mediation, the couple and their legal representatives play a major role in discussing the terms of the settlement. The goal is to come to an agreement that both parties are willing to abide by and then present that to the family courts to be ordered.

However, the terms of a mediation are not generally legally binding until the judge makes the final order. This gives the couple more flexibility. In arbitration, the third party is slightly more than a facilitator and can actually make negotiation legally binding. In this case, neither party would be able to appeal once the arbitration was completed and a decision made.

While both of these methods have their benefits and drawbacks, both offer the ability to save time and often money over going through an entire trial. In some cases, it may also be possible for the couple to come to an agreement on some issues and only need to go to trial for the parts that could not be negotiated.

Source: Huffington Post, “Your Demeanor Can Affect Your Divorce Mediation,” Diane L. Danois, accessed Oct. 16, 2015

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