What Is The Difference Between Mediation And Arbitration?

Both the mediation and arbitration processes are designed to resolve conflicts or legal issues without having to step inside a courtroom. These processes are typically utilized to reach an agreement without a lengthy (and costly) legal battle. Mediation and arbitration are generally used to resolve divorce processes, landlord-tenant disputes, or other interpersonal conflicts.

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What Is Mediation?

Divorce mediation is a common way to negotiate an out-of-court settlement between you and your spouse. In divorce mediation, you and your soon to be ex-spouse hire a neutral third party known as a mediator.

The purpose of mediation is to help both of you identify and resolve divorce issues. Divorce mediation can be used to address a wide range of topics including but not limited to parenting plans, child support, custody arrangements, and division of assets. If you and your spouse cannot come to an agreement on your own, you may benefit from divorce mediation services.

The divorce mediator’s role is to help you identify and resolve issues in your divorce. The mediator does not give advice or make decisions for you; rather, they facilitate a conversation or series of conversations around the divorce settlement to help you and your soon to be ex-spouse work out the resolution to all of your divorce issues.

Mediation Pros

The benefits of divorce mediation include:

Private and confidential.
Costs less.
Better co-parenting.
You control the process.
Create your own solution.

What Is Arbitration?

Just like mediation, arbitration is a process designed to settle conflicts by using a neutral third party known as an arbitrator. However, arbitration grants the arbitrator the authority to make final decisions about the issues at hand. This final decision can be either binding or non-binding based on the stipulations of the arbitration contract.

The arbitration process is often viewed as more structured and quite similar to a court case. Each party will make an opening statement while presenting their side of the case to the arbitrator. After each party has presented their case, the arbitrator will consider both sides before coming to a conclusion.

Arbitration Pros

In most cases, arbitration will move quicker than the mediation process. Here are a few more benefits associated with arbitration:

Assistance provided by an experienced impartial party.
Typically, a less complicated process.
Reaches a definitive outcome.

Should You Choose Mediation Or Arbitration?

Your specific circumstances and your relationship with the other party will help you choose between mediation and arbitration. Mediation is usually the best choice if both parties believe they can work together and reach an agreement quite quickly.

Arbitration is often the best route to go if the two parties struggle to communicate and cooperate with one another. Always consider contacting a lawyer when deciding which option is best for your situation.

Source:

1. 1. “Mediation Vs. Arbitration: Key Differences And Which To Choose.” Retrieved on November 25, 2-25 from https://www.metlife.com/stories/legal/mediation-vs-arbitration/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.