Couple in mediation

ARBITRATION VS MEDIATION: WHAT’S THE DIFFERENCE?

Many people make the mistake of believing that arbitration and mediation are the same thing or have the same meaning, but this misconception is false. While there are similarities between the two dispute resolution methods, it is essential to know that divorce mediation is much different than arbitration. Both processes involve trying to resolve a situation without incurring significant legal fees or expending time in full-scale litigation. 

Even people in different legal situations often prefer to work out an issue without taking things to court; because court sessions are lengthy, time-consuming, and downright costly for everyone involved. This article will outline the differences and similarities associated with arbitration and mediation, so you can make an informed decision about which option is right for you.

Mediation Between Divorcing Couples

Arbitration MediationMediation between two divorcing individuals is common. The couple is ending their marriage after being together for quite some time. So they may have several things to sort through. Things can quickly become complicated for both parties without proper guidance. When mediation occurs, both parties can begin to discuss their wants and needs without the organizational stress of the occasion.

In mediation, each person will be able to go over some of their most pressing concerns, including child support, spousal support, and property division. If one party does not agree with the other party, they can make that known during mediation and then work on trying to figure things out to the point that they can come to a resolution that is fair enough. 

Some people may assume that mediation will not work if they are dealing with significant conflicts. However, most former couples have had success with mediation. If it sounds like something you would prefer, you may ask, “How long does divorce mediation take?” It can take several months to complete the mediation process, but it is still quicker than litigation.

Arbitration vs. Divorce Mediation

Given the confusion between arbitration and mediation, there needs to be a clear distinction between the two conflict resolution options. During the arbitration process, much like mediation, you are attempting to resolve a dispute. However, in arbitration, you are relying on an arbitrator to award one party a request after considering the evidence from both sides. In divorce mediation, both parties attempt to resolve a dispute in front of a mediator; who does not have the power to award either party with what they are requesting. In comparison, it is about trying to get both parties to negotiate in a civil way that will benefit everyone involved equally.

Arbitration MediationResolve Your Conflicts With Arbitration or Mediation 

Are you and a former spouse, friend, loved one, coworker, or anyone else in your life involved in a conflict headed toward litigation? Avoid litigation by choosing arbitration and mediation as an alternative method to dispute resolution. An experienced and professional attorney who specializes in arbitration and mediation can help you learn about and set up the process. The Law Offices of James C. DeZao, P.A., retains a team of expert attorneys who can assess your situation and offer a suggestion for mediation or arbitration. Either way, with our firm, you can rest assured you will be heading toward the best possible outcome. Remember, with us, it’s personal. Call us today at (973) 358-6134 or contact us online to schedule your free, confidential phone consultation.