Mediation vs Arbitration During Divorce

Family law lawyers know firsthand just how challenging and emotional draining going through a divorce can be. Spouses who are going through a divorce often go through complex legal channels which can take months, and many difficult key decisions must be made. Going through the court system to deal with a divorce can be costly, time-consuming and further cause tensions to rise. Thankfully, there are alternative ways to settle a divorce that don’t involve taking the matter to court. If you are going through a divorce and would like to know your options for a peaceful resolution, you may want to consider if mediation or arbitration is suitable for your unique situation.

If you would like to know more detailed information about your options for settling a divorce outside of court, a top divorce lawyer like one from the Law Office of Daniel J. Wright, can give you urgent legal assistance and ensure that your rights will be protected.

What is Mediation?

Mediation is a way to resolve a dispute that involves a third party listening to the perspectives and arguments of each spouse so they can suggest possible solutions to their issues. In mediation you reserve the power to agree on a solution that both you and your spouse are comfortable with. The role of a mediator is to facilitate productive discussions until both parties reach a joint decision. During a mediation, spouses and their respective lawyers are in attendance.

What is Arbitration?

In arbitration, a third party who hears each party’s argument is also present, but spouses give up some of their right to make the final decision. Both parties decide on an arbitrator, who then listens to their persuasive arguments. Arbitration removes the burden off of the parties to make the decision. Usually, an arbitration results in a final decision which is often difficult to appeal or overturn. Arbitration is not the best option for certain circumstances, so it is best to consult with a lawyer if it’s right for you.

Since every divorce case is different, before you commit to a method it is important that you first explore all your options. Changing your mind about which option you go with can result in additional costs, and may result in delays to your divorce proceedings. A trusted lawyer that has extensive experience using their skills to help clients going through a divorce can help you weigh the pros and cons of each method so that you can choose a solution that is appropriate for your circumstances.