Alternative Dispute Resolution: Arbitration v. Mediation in Marital and Family Law Matters

If you’re involved in a Marital or Family Law related court conflict and can’t seem to find a way forward with the other party, it’s normal to feel frustrated and helpless. Reaching a reasonable compromise can seem impossible without outside help. Especially when children, money or property are involved, trial can seem like the only option on the table.

You’ll be happy to know that there are some other approaches you can take that are more collaborative than trial. Working with an attorney experienced in alternative dispute resolution such as arbitration or mediation can help when you’d like to avoid unnecessary wastes of time and resources and perhaps preserve a relationship.

Some key differences distinguish these extra-judicial arrangements. What they have in common, though, is that a third party serves as an impartial and objective participant in negotiations. For issues that benefit from a mutually agreeable solution, instead of having a judge (stranger) make a decision, these are often the best, most affordable options. 

Let’s take a closer look at these approaches to conflict resolution.

What is arbitration?

Arbitration is a process in which a neutral person or panel considers the facts and arguments presented by the parties and renders binding or non-binding decisions regarding financial issues depending. Since arbitrations cannot be used for child related matters, they are not as often utilized as mediation in family law matters.

What is mediation?

Mediation is a process in which a neutral third person acts to encourage and facilitate the resolution of a dispute between two or more parties.  It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.  In mediation, decision making authority rests with the parties.  The role of the mediator includes, but is not limited to assisting the parties in identifying issues fostering joint problem solving and exploring settlement alternatives.

What are the benefits of mediation in my Marital or Family Law Case?

Mediation is a more relaxed method of conflict resolution and is often the most affordable way to settle a family law dispute. Both parties should leave the table feeling an agreeable compromise has been met, something not usually found in litigation or arbitration.

Parties in mediation have more leeway in how they resolve their conflict than through other means. As long as they agree, the parties can decide to treat their issue in a more individualized way.

Comparing which is the right path for you

Choosing which approach is right for you depends on your relationship with the other party and the subject matter of your dispute. Mediation is best for comprehensive resolution of ALL Marital or Family Law matters if you both believe you can reach a mutually agreeable solution. 

Busciglio Sheridan & Schoeb can help

If you need attorneys experienced in Alternative Dispute Resolution, Busciglio Sheridan & Schoeb can help.Using our decades of experience and knowledge, we can help you determine the right path and support you along the way.

If your situation might benefit from either of these approaches to dispute resolution, contact us today for a consultation.