Mediation vs. Arbitration
Mediation and arbitration are two different means of alternative dispute resolution (ADR). Both can be useful in resolving family law disputes involving divorce, child custody, and property division, among other possible issues. Which one is better depends on several factors, and an experienced attorney can help you explore your best course of action.
What Is Mediation?
A mediator is a neutral third party whose purpose is to help the parties find a compromise solution to their dispute. They might even participate in brainstorming sessions to help the parties reach a novel solution to their dispute.
Many mediators are trained and licensed in their profession. Unlike arbitration, a mediator cannot impose a solution on either party.
The Benefits of Mediation
Mediation is popular for a reason–for many reasons, actually. Here are some of them:
- You don’t lose control over the outcome, since you must agree to any mediated resolution.
- Mediation encourages cooperation. This can help preserve relationships that you don’t wish to damage. It’s important to maintain a good relationship with your ex-spouse, for example, if you will be sharing child custody.
- Mediation proceedings are typically relaxed and informal, thereby helping to reduce the stress you might already be facing due to a family law dispute.
- The process is typically cheaper and faster than either arbitration or courtroom litigation.
- You can maintain confidentiality, since mediation proceedings are private. Court proceedings are almost always open to the public.
- It’s possible to generate creative solutions during mediation. Some of these solutions would never emerge from an adversarial proceeding such as arbitration or litigation.
- The non-adversarial nature of mediation can result in greater cooperation between the parties, typically leading to a more favorable outcome for both.
- Parties who have worked out their own problems through mutual agreement are more likely to comply with agreed-upon terms in the future.
If you file a lawsuit, the court might insist on mediation before it will schedule a trial.
What Kinds of Disputes Are Best Mediated Rather Than Arbitrated?
You can make a case for mediation to resolve nearly every type of family law matter:
- Child custody and visitation arrangements, because of mediation’s cooperative nature.
- Child support agreements, because mediation’s flexibility allows child support solutions that target the specific needs of the child.
- Alimony negotiations can benefit from mediation’s cooperative approach.
- Mediation can facilitate an amicable division of property and assets.
- Mediation’s cooperative approach is particularly well-suited to the negotiation of parenting plans.
- Relocation issues can be resolved to the satisfaction of both parties’ concerns using mediation.
- Modifications of existing orders are often best negotiated through mediation.
- Grandparent visitation rights can be agreed upon through mediation.
- Typically, mediation’s cooperative approach provides the best environment for negotiating prenuptial and postnuptial agreements.
Whether mediation or arbitration is best often depends on the details of your case.
What Is Arbitration?
The term “rent-a-judge” sums up what arbitration is. Just like a judge at a trial, an arbitrator has the power to take sides and impose a solution on the parties after listening to both sides.
Any solution is legally binding. It is typically more difficult to appeal an arbitration ruling than it is to appeal an adverse lawsuit verdict.
The Benefits of Arbitration
Here are some of the benefits of arbitration:
- Arbitration provides a binding decision offering finality.
- Unlike court, arbitration prevents the public disclosure of sensitive family matters.
- Arbitration is usually faster than litigation.
- The process is more flexible than courtroom litigation regarding scheduling and procedure.
- You can choose an arbitrator with specific expertise, such as property valuation or child psychology.
- Arbitration is typically less formal and less intimidating than court.
- The pretrial discovery process is limited, thereby saving time and money.
- Arbitration is better than mediation or courtroom litigation for resolving highly technical issues.
Your lawyer can represent you in arbitration just as in mediation, negotiations, or courtroom litigation.
What Kinds of Disputes Are Best Arbitrated Rather Than Mediated?
Arbitration is likely to be suitable for the resolution of the following types of disputes:
- Contentious divorces where cooperation is impossible;
- High-conflict child custody disputes;
- Complex property division involving significant assets;
- Disputes over business valuations;
- Enforcement of prenuptial or postnuptial agreements;
- High-stakes spousal support (alimony) disputes may require the binding nature of arbitration;
- Cases involving accusations of domestic violence.
- Disputes where confidentiality is crucial.
In general, arbitration is likely to be a better way than mediation to resolve high-conflict cases.
What Is Med-Arb?
Med-arb, short for mediation-arbitration, is a hybrid method of alternative dispute resolution that combines elements of both mediation and arbitration.
Initially, the parties try to mediate their dispute. If mediation fails, the process shifts to arbitration for a final resolution. Med-arb can be the quickest and most cost-effective way to decisively resolve a dispute.
A Lawrenceville Family Lawyer Can Help You Work Out a Solution
Family law disputes can be difficult to resolve, either due to acrimony, or to the need to work out creative solutions that both sides can live with. If you are considering mediation or arbitration, be aware that you can ask a lawyer to represent you in both kinds of proceedings. The assistance of a Lawrenceville family and divorce lawyer at Crystal Wright Law, LLC can greatly facilitate a favorable resolution of your dispute. Contact us today for legal help. You can call us at (404) 594-2143.
Visit Our Divorce & Family Law Office in Lawrenceville, GA
Crystal Wright Law Lawrenceville
440 S. Perry Street Suite 105
Lawrenceville, GA 30046
(404) 594-2143
