Mediation vs Arbitration

Many people associate divorce proceedings with messy court arguments and legal battles. There are two main alternatives to court proceedings, both of which offer private solutions to issues arising out of separation. Mediation and Arbitration both offer ways to have the final resolution in all matters. 


Mediation:

Mediation is a professional, assisted negotiation where two individuals can come together to try to resolve things with the help of an unbiased third party. This practice can be done alone with a Mediator alone or together with lawyers, who will help and advise you and your partner throughout the process.  In Mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not resolve unless all sides agree. Using a mediator is excellent to facilitate the separation process and resolve the conflict of interest. Although it can take time, Mediation allows both parties to hear the voice on unbiased reason with their case. The length and process of Mediation vary with the complexity and relationships of the case at hand. Issues involving business division, corporate issues, financial issues, and determination of income are very complex and may require the involvement of financial experts and lawyers. Much of the Mediation agreement process comes down to negotiations and compromises between all parties involved.


Arbitration:

Unlike mediation, Arbitration requires both parties to give power to a designated Arbitrator. An Arbitrator is a professional that works to increase communication between two sides of a dispute and make informed choices on behalf of each side involved in the separation. An effective Arbitrator knows both sides of the conflict and can make unbiased, actionable choices to move the separation process ahead. Much like Mediation, Arbitration can be attended alone or with a lawyer of your choice. The entire process is private and avoids having to take your case to court. It is important to note that an Arbitrator's decision is just as final and just as binding as a judge’s order.  All parties must understand this before entering the process and be comfortable not having control over the outcome.


CBM Associate,  Julia Tchezganova, specializes in Family Law. For further questions regarding the Mediation or Arbitration process - please contact one of our CBM Lawyers. We would be happy to help you find the best solution for your case.