Get Even More Visitors To Your Blog, Upgrade To A Business Listing >>

Arbitrate or Mediate? Which to Choose

Several methods can be used to settle a Divorce. It depends on what both parties wish to achieve. For some couples, the use of divorce attorney, which often involves a court trial, is the only way to go. This method can be both lengthy and costly, particularly if couples have been together for many years, have many assets, and disagreements they can’t resolve on their own. Arbitration and Mediation are alternatives that can help avoid a long and costly divorce process.

Arbitration

In arbitration, a neutral third party is used with the goal to negotiate a settlement without a Lengthy Court Proceeding. Though arbitration saves couples the inconvenience and public nature of divorce in a public court of law, it doesn’t always save time and/or avoid conflict. Arbitration is similar to a mini-trial---consideration of evidence and legal arguments with attorneys takes place. The couple must each get their own attorney/arbiter. In a private setting, the arbiters hear the evidence and make a decision for the couple. Disagreements between couples may result in additional negotiating time. Benefits of arbitration include:

• Negotiations take place in a private setting
• Each party chooses their own attorney/arbiter
• Each party selects the issues to be considered as well as time, place and setting for arbitration



Mediation

In mediation a neutral third party is also used to help negotiate a settlement without a lengthy court proceeding. The big difference is the mediator does not make the decision for the couple, but instead helps to facilitate a peaceful and fair discussion that leads to an acceptable resolution for both parties. Mediation does save time because the focus is on resolving the conflict peacefully. Time is not an issue as meetings with the mediator are scheduled at times convenient for everyone with no wait time and are held in a setting comfortable to both parties. Resolution progresses at a quick pace because everyone has the same goal---a fair decision with a good outcome for everyone. Benefits of mediation include:

• A focus on a positive outcome for the future
• Each party is encouraged to get beyond their differences and settle their divorce peacefully and quickly
• Divorcees have more control over their future



Currently, mediation is more often the choice for divorce because of its high success rate. Most people want to avoid a costly court trial and keep a positive relationship with their ex including issues with children. If you are considering divorce, or have decided to divorce, contact A Fair Way Mediation. Complete our online request for a
 free online evaluation, or to receive a free 30-minute consultation visit us a www.afairway.com or call 619-702-9174.



This post first appeared on A Fair Way Mediation, please read the originial post: here

Share the post

Arbitrate or Mediate? Which to Choose

×

Subscribe to A Fair Way Mediation

Get updates delivered right to your inbox!

Thank you for your subscription

×