Mediation and arbitration are two types of alternative dispute resolution (ADR) methods. Both offer alternatives to traditional court litigation and are far less adversarial than regular divorce.
While there are a lot of similarities between divorce mediation and arbitration, there are still some distinctions you should consider. Here is a breakdown of their differences and similarities.
What are the differences between arbitration and mediation?
Mediation and arbitration generally aim to make divorce a less hostile or antagonistic process. However, their processes differ slightly.
- Arbitration: A neutral third party, called an arbitrator, will hear both sides of a dispute and make a binding decision. They act similarly to a judge but in a less formal setting. Their decision is typically final and legally enforceable.
- Mediation: A mediator will facilitate communication between you and your spouse. The mediator will not make decisions but rather guide you toward an agreement. The decision will only be final if you and your spouse choose to formalize it.
Aside from how these resolutions work, there are other distinctions between them:
- Flexibility: Arbitration can be somewhat similar to a court process. That said, it will follow specific procedures. Mediation can be more flexible and adaptable to each party’s needs.
- Formality: Arbitration is typically more formal. Meanwhile, mediation is less formal and more focused on open dialogue.
- Duration: Mediation is often quicker, especially if both parties cooperate. Arbitration can take longer due to formal procedures but is still less time-consuming than traditional divorce.
As you can see, both processes are unique. However, they share a common goal: A more peaceful divorce.
What are the similarities between mediation and arbitration?
As mentioned, mediation and arbitration share a lot of similarities. Here are several examples:
- Fewer costs: While fees can differ, both can be less expensive than a typical divorce.
- Privacy: Both ADR methods offer more privacy than public court hearings. Sessions are confidential and are not part of the public record.
- Reduced stress: ADR is often less stressful and adversarial. The focus is on collaboration, rather than winning against each other.
These shared benefits make both arbitration and mediation attractive options for divorce. Nevertheless, it is important to understand how each method works, so you can be sure what will work best for you.
Consider talking to an attorney experienced in both mediation and arbitration. Aside from helping you understand each option; they can guide you through the process and help you reach a favorable outcome.
