Arbitration vs. Mediation: Which Option Better Suits You?
Arbitration vs. Mediation: Which Option Better Suits You?
Why consider arbitration or mediation to resolve your divorce case? At mediation, you settle your case by agreement. At trial, a judge decides your outcome. Arbitration is more like a trial; instead of a judge, an arbitrator finalizes your divorce case.
First, let’s define arbitration and mediation. They are both forms of conflict resolution, but the simplest distinction is that arbitration is almost always binding, and mediation is not binding. Arbitration is binding because you are stuck with the arbitrator’s decision. Mediation gives you the choice of settling your case, and mediation is only binding if you reach an agreement. Both are ways to resolve your legal disputes outside of a courtroom. In an arbitration, an arbitrator is selected by the parties or appointed by the court.
What is Arbitration?
An arbitration works like a trial where the parties and attorneys present evidence. The arbitrator is a private judge. He or she can review evidence and then make decisions based upon the evidence, and the parties will have a final resolution. This final decision is called an “arbitration award” and this is of course legally binding and enforced in court.
Arbitration is your opportunity to hire a private judge. You and your spouse have to agree to it, along with your lawyers. In addition to this, everyone must agree to be bound by whatever decision your arbitrator makes. The benefit of this route is that you get to choose your judge. It’s always a possibility that the judge that’s assigned to your case, your public judge, may not have any experience in family law. A lot of them are great public servants, but they’ve come right out of the prosecutor’s office or their area of expertise simply doesn’t lie in family law. Sometimes they don’t know a lot about divorce cases, which can be a huge disadvantage to your case.
With arbitration, you can choose a private judge who’s got experience in family law and whose judgment the parties and their lawyers can trust. The case generally moves more quickly because the only schedules you’re competing with are the people in the case. You’re not having to deal with 100 other lawyers in 100 other cases who are in line for the same judge ahead of you. This is just another benefit to hiring a private judge, an arbitrator, and having a private courtroom trial for your divorce case.
What is mediation?
Unlike arbitration, mediation is not binding. In a mediation, the parties and their attorneys can present evidence and engage in negotiations. The mediator functions as a neutral third party and facilitates negotiations. In a mediation, the parties have to either come to an agreement or resolve their outstanding issues in a trial. The mediator can’t force anyone to accept a decision.