Spouses considering divorce often prefer to avoid litigation if possible. They don’t want to spend time in court, and they want to keep things as private as possible. Concerns about costs or the timeline for divorce could also inspire people to try to avoid litigation if possible.
Frequently, spouses have numerous disagreements that they have to resolve to successfully divorce. They may need the assistance of a professional to settle their disagreements about parenting matters and financial issues. Both arbitration and mediation are forms of alternative dispute resolution that couples could use to resolve any remaining disagreements about the divorce.
What are the main differences between arbitration and mediation?
Arbitration is similar to litigation
While mediation and arbitration serve a similar purpose, they are vastly different processes. Some people treat arbitration as a dry run for a litigated divorce. The process is somewhat similar to a trial. Both parties present information to the arbitrator. The arbitrator is a neutral third party who understands the law and can eventually rule on the disagreements between the spouses.
Mediation is different. It is a process built on communication and compromise. The spouses communicate with one another about their expectations. The mediator’s job is to help keep things calm and facilitate that communication so that spouses can settle their own disagreements.
Arbitration can be an adversarial process in some cases, but mediation requires cooperation. Either option can provide the structure that spouses may require to work through their disagreements and pursue an uncontested divorce.
Arbitration is sometimes binding
Another key difference between mediation and arbitration is that mediation typically requires an agreement at the end of the process. The spouses have to sign a document affirming specific terms for the mediation session to have any impact on their upcoming divorce proceedings.
In some cases, arbitration simply produces a decision that can serve as a starting point for negotiations. People can also agree to attend binding arbitration, which means that they both affirm in advance that they intend to abide by the decision made by the arbitrator.
Considering alternative dispute resolution options can be helpful for people who want to pursue an uncontested divorce but do not yet agree on the terms for major decisions. Both mediation and arbitration can both be potentially helpful for those hoping to divorce with dignity instead of litigating in family court.