When you undergo divorce proceedings, you can choose to go to trial, arbitration divorce, or mediation. While a trial can lead to resolution of the divorce, it can often take years and be quite costly due to the legal costs associated with a trial. This is why many couples will look toward arbitration divorce or meditation instead as the means to permanently end their marriage and divide up their assets.
What is Arbitration Divorce?
Arbitration divorce is the process by which a chosen arbitrator resolves the issues existing between you and your spouse through a proceeding that is conducted much like a trial would. The ruling is usually binding, which means that neither party can appeal the arbitrator’s decision.
Who Should Use Arbitration?
Arbitration should be used by those who have had prolonged divorce proceedings because of court schedules and who have had disclosures of marital assets and income. Arbitration can cut the waiting period of having a divorce proceeding by years.
What is Mediation?
Mediation is a process by which you and your spouse will meet with the person chosen as the mediator for as long as it takes to identify and resolve the issues between the two of you. A mediator can be a lawyer, but usually doesn’t give legal advice. Once the parties have reached an agreement, the mediator will write it up and will often recommend you each take it to a lawyer for review.
Who Should Use Mediation?
Couples should use mediation when they are very much in agreement on how they want to resolve their custody, support, and property distribution issues in their marriage, but are afraid that hiring lawyers will make the case more difficult and expensive than it needs to be. Couples who got along during the marriage, who agree to getting divorced, and who knows each other’s assets, incomes, and expenses of the other spouse will benefit most from mediation.
Differences between Arbitration and Mediation
Arbitration leads to a binding agreement made by the arbitrator that normally cannot be challenged, whereas meditation involves a mediator who cannot legally force the parties to do anything.
Arbitrators will hear the cases presented, but normally do not play a role in trying to get the parties to resolve the case, whereas mediators will work directly with the parties to identify and come to mutual agreements about the issues.
Arbitrators are usually familiar with matrimonial law, and are often a matrimonial lawyer or a former judge. Mediators can be lawyers, but will not usually provide legal advice.
Attaining Legal Help
Deciding upon whether arbitration divorce or mediation is right for the settlement of your divorce can be a complex matter. Hiring an established and experienced divorce lawyer can help you consider your options and determine whether a trial, arbitration or mediation would be the best avenue for you to finalize your divorce.
