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How Divorce Mediation is Different than Divorce Arbitration

Tuesday, November, 27, 2012


When you are going through a divorce, it is typical to expect a messy situation.  Divorce is a long, strenuous road and can take many months and even years to get everything figured out and finalized.  Many times it is common for people to go through the court and have a judge work it out but there are other options to help assist you through your divorce to help both people move on with their lives.  Some of these options include both divorce mediation and divorce arbitration.  While these two options have few items in common, they are really very different. 

One of the biggest things that is different between the two options is that mediation is more of a negotiation and arbitration is a binding agreement that cannot be appealed.  Mediation involves an outside person dealing with both parties and their lawyers negotiating toward an outcome.  With arbitration, both parties and their lawyers will plead their case to an arbitrator and that arbitrator has the final say in everything.  Before either party goes into the binding arbitration session, they know that whatever the arbitrator says is final and they cannot argue after the decision. 

People tend to lean towards arbitration rather than mediation in cases where they would like a settlement as soon as possible.  Arbitration can be done rather quickly and effectively and allow both people to get the divorce solved and move on with their lives.  One pointer though is to make sure you and your spouse find an arbitrator you can agree on because they are going to be having the final say in a major aspect of your life. 

While this means of divorce isn’t the most common, it is the quickest and most cost effective to solve your divorce sooner than later.  Make sure to know what you are getting into before you agree to move forward with arbitration.