Mediation & Arbitration
Mediation vs. Arbitration
How Does Mediation and Arbitration Work?
Mediation and Arbitration serve to resolve differences in a confidential manner so the divorce process can mover forward. The key difference between mediation and arbitration is how the decisions are made. In Mediation, the final decisions are made with a buffered negotiation (you and your spouse are in separate areas, and a neutral party moves back and forth to discuss). Arbitration utilizes a single, neutral party (arbitrator) to gather and consider details and facts, then unilaterally make the final decisions.
Divorce mediation and arbitration offer the potential for a faster divorce process, privacy of details, lower cost, and a far less stressful way to end a marriage."
Divorce Mediation Benefits
Divorce mediation can lower the cost and stress of getting a divorce. In divorce mediation, a neutral party professional meets with both spouses (either in person or remotely) and facilitates positive communications to reach resolution on important divorce issues including property, finances, and any matters affecting minor children.
Divorce Arbitration Benefits
Divorce arbitration is a process in which you and your spouse agree to hire one neutral party (arbitrator) to solely make decisions about the specifics of your divorce. The arbitrator acts as would a judge, and the decisions made are binding. Arbitration many of the advantages of mediation; however, it affords you less ability to negotiate the terms of divorce.
Finalizing Your Divorce After Mediation or Arbitration
After reaching agreement on all salient points, your mediation lawyer needs to complete the Settlement Agreement and file it with the family court. Typically, you will be advised of a court date for a brief hearing. The judge will review your proposed Settlement Agreement, and may ask you (or your lawyer) questions. If there are unresolved matters, the judge can make decisions and approve your divorce. If you have minor children you will need to validate that you have completed a Parenting Class. The clerk of court can then complete and issue your final divorce decree.