Sometimes it seems like divorce litigation, going to court, is the only way to settle difficult issues, but there are other ways to resolve those issues that matter most to you, including divorce mediation and arbitration. Both of these conflict resolution options offer unique benefits that make them appealing to those going through a divorce. However, it’s essential to understand the similarities, differences, and benefits of arbitration and mediation as you compare them to litigation and decide which option is right for your situation.
What Is Mediation?
The first step in comparing divorce mediation vs. arbitration is understanding how mediation works. Mediation is a form of conflict resolution between two parties that uses a neutral third party, known as a mediator. The mediator assists both parties with reaching an agreement that settles their issues, which is why mediation is better than arbitration if you don’t expect high levels of conflict. However, mediation is non-binding, and this is why mediation over arbitration may not be the right choice for everyone. Though mediators are highly skilled in conflict resolution and possess a wealth of legal knowledge, they can’t make and enforce the final decision. That responsibility lies solely with the two opposing parties, who must reach an agreement voluntarily. That’s important to keep in mind when deciding on mediation or arbitration.
Benefits of Mediation
Carefully evaluating the benefits of mediation vs. arbitration can help you decide which option is better for your situation. In addition to giving divorcing spouses the ability to resolve conflicts mostly on their own, mediation also:
- Costs less than arbitration or litigation
- Takes less time than going to court
- Doesn’t restrict parties to a specific outcome
What Is Arbitration?
Are mediation and arbitration the same thing? Many incorrectly assume so at first, as arbitration is another conflict resolution method that uses a neutral third party, called an arbitrator. However, there are significant differences between the two that must be considered when deciding if mediation or arbitration is right for you. For instance, what is the difference between a mediator and an arbitrator? Arbitration differs from mediation in that the arbitrator does have the power to make a final decision for the divorcing couple. In fact, this is the main difference between arbitration and mediation. However, whether or not the arbitrator’s decision is binding depends on the terms of the arbitration contract.
When comparing mediation versus arbitration, you should also note that arbitration uses a more structured process, similar to that of a court. In arbitration, both parties present their opening statements to the arbitrator and then follow up with their arguments. The arbitrator then considers both sides of the case before coming to a final decision on the matter.
The differences in the process and the authority of the third party are important considerations when evaluating the use of an arbitrator vs. mediator in your case.
The Benefits of Arbitration
When comparing mediation vs. arbitration, you’ll find that arbitration is generally faster, as there is less back and forth between the opposing parties. Other benefits of arbitration include:
- A definitive result from the arbitrator
- A more relaxed and straightforward process than court
- Lower costs than a court case
Which Is Better: Arbitration or Mediation?
There is no universal answer as to whether mediation or arbitration is better because it depends on the specifics of your situation. When deciding on mediation vs. arbitration in a divorce, it often comes down to how quickly you want things resolved and whether you think you can work together with your spouse to settle all of the details. Arbitration is generally the better option for parties who don’t believe they can work together, since it puts the final decision in the hands of the arbitrator. However, when two parties can work together to reach an agreement, mediation is often the preferred choice.
If you have trouble choosing a mediator vs. an arbitrator, consider contacting a divorce attorney at Goranson Bain Ausley for help. Our skilled lawyers will lend an empathetic ear to your situation and provide you with well-informed advice as to whether mediation or arbitration is the best course of action for your future. Contact us today to schedule a consultation.
