Stay in control. Quickly resolve issues.
Mediation and arbitration can be successful at every stage of the divorce process to resolve conflict and reduce costs. Parties can choose the process which works best for them.
A mediator is a neutral party who helps couples have productive discussions about the unresolved issues in their divorce and who can offer helpful information and creative solutions. Couples can attend mediation with or without attorneys.
Couples choose mediation because:
- Issues settled through mediation can be resolved in days – not months or years.
- Mediation allows you to arrive at a resolution based on your own ideas of what is fair in your situation rather than allowing a third-party solution to be imposed upon you, and your family, based only on rigid and impersonal legal principles.
- Couples can use mediation to resolve all divorce-related issues or only a few specific issues with which a couple needs help. For example, a couple may have agreed on how to divide their marital property but need help working through their parenting plan.
- You and your spouse – not the court – control the process.
- Mediation is confidential with no public record of what is discussed in your session
An arbitrator is essentially a private judge. The arbitrator listens to both sides of every issue the parties are seeking to resolve and then makes a final, binding decision. Couples can choose to arbitrate with or without attorneys.
Couples choose arbitration because:
- Issues settled through arbitration can be resolved in days – not months or years.
- Arbitration provides finality in situations where the parties have had an opportunity to present their positions.
- Unlike going to court where parties cannot choose which judge will decide their case – parties can choose their arbitrator based on their expertise.
- Couples can use arbitration to resolve all divorce-related issues or only a few specific issues with which a couple needs help. For example, a couple might agree on their parenting plan but ask an arbitrator to decide on marital property division.
- You and your spouse – not the court – control the timing and costs.
- Arbitration is confidential with no public record of what is discussed in your sessions.
Because mediation and arbitration can be targeted to a specific issue it can save your family time and money. In contrast, court-driven litigation encompasses all issues, even the ones a couple believes they have resolved.
Both mediation and arbitration can occur before or after a divorce action has been filed with the court. After divorce, mediation or arbitration can also be used to resolve any alimony or child support modification disputes.
For more information on mediation and help determining whether it is right for you visit our Mediation & Arbitration FAQs page.