What Is the Difference Between Mediation and Arbitration?
You know you want to pursue a divorce, but you are stuck trying to decide whether to choose mediation or arbitration. You know that both are an option, but aren’t exactly sure what the difference is between the two. Without a clear understanding of the differences, you might end up making a choice that doesn’t benefit you.
Perhaps you've heard of one or both options but aren't entirely sure what each entails. You may even be leaning towards one of these choices but are worried you'll make the wrong decision. The following is some useful information to help you understand the similarities and differences between these processes so you can feel more empowered to make the right choice for you and your family.
What Is Mediation?
Mediation allows for direct negotiation between spouses through a third-party mediator. Mediators do not have the power to make decisions. Instead, they guide each spouse to a divorce agreement that both parties find fair. It is a non-adversarial process, and the mediator works with each person to resolve different issues as they move toward divorce. Mediators will meet with the spouses, together and separately, if necessary, to fix as many of these problems as possible before filing the divorce paperwork.
The goal of mediation is to reach a complete resolution. However, sometimes, spouses cannot resolve their issues. At that point, the couple may convert their journey towards traditional divorce or choose arbitration for the remaining points.
What Is Arbitration?
Arbitration is another common alternative to traditional divorce that also uses a third party. However, while a mediator cannot make decisions, an arbitrator has the power to decide. In most cases, these decisions cannot be appealed.
Arbitration uses a more structured process similar to a court. During this procedure, both spouses present opening statements with follow-up arguments. After both sides are presented, the arbitrator weighs the facts before making a final decision.
Arbitrators are usually people with training and legal experience, such as retired judges or attorneys. During arbitration, each spouse is represented by an attorney, and together, they agree upon an arbitrator to work on their case. After the arbitrator makes their decision and the hearing is over, it cannot be appealed.
Key Similarities and Differences Between Mediation and Arbitration
While mediation and arbitration involve a third party in dispute resolution (among other similarities), there are key differences you must understand before deciding on one option or the other. Some of the similarities between arbitration and mediation are:
Mediation and arbitration are private and are not public records, as in the case of court proceedings.
Resolving disputes through either option is usually quicker and less expensive than going through the court.
The involved parties can usually select their arbitrator or mediator.
The main differences between mediation and arbitration are:
An arbitrator's decisions can be legally binding, which may prevent either party from going to court. Agreements made during mediation are voluntary.
An arbitrator resolves disputes between parties by deciding the outcome, while a mediator must remain neutral. Their role is to keep the conversation on track and facilitate joint decision-making.
Arbitration is an adversarial process where each party presents their case against the other.
Mediation is collaborative. The mediator helps guide the discussion between partners, keeping them on topic and focused on reaching an agreement.
Is Mediation or Arbitration Right for You?
Both mediation and arbitration are effective methods to solve disputes when proceeding with divorce. However, the right approach depends on your particular case and unique circumstances. Mediation may be a good option if you can work together with your spouse and come up with solutions you can both agree upon. Sometimes, spouses cannot work together due to complicated circumstances or heightened emotional stress. In these cases, arbitration may be the better option since the final decision rests in the hands of the arbitrator.
Mediation can help you resolve outstanding issues between you and your spouse, saving time and money otherwise spent through a lengthy court process. It is usually the quickest and most straightforward path toward divorce, especially if you can work with your spouse to create the best course of action for your next chapters in life.
Whether you're considering a mediator to help navigate your divorce or are still unsure which path to take, Haas Mediation is here to help. Schedule a complimentary phone consultation today to learn more about the mediation process and discuss any further questions you may have. We can help you reach a successful closure to this chapter so you can move forward with the rest of your life.
