What Is Mediation Versus Arbitration?
When it comes to divorce and other family law matters, more people than ever are seeking amicable means of resolving disputes. In addition to being expensive, litigation can also be emotionally and psychologically draining.
Two of the most common methods for resolving family law issues are mediation and arbitration. While they are both methods alternative dispute resolution, there are distinct differences.
In mediation, the clients typically go before a mediator with their lawyers present. The mediator cannot make the parties do anything; their role is to facilitate discussion, present ideas, and keep the process moving toward a settlement agreement that can then be reviewed and approved by a judge.
Arbitration, on the other hand, can result in binding decisions. An arbitrator meets with the parties and their lawyers, and the process is similar to a trial that takes place outside of a courtroom. There are witnesses and evidence, just like a trial. At the end, the arbitrator issues a binding ruling. For parties to resolve their divorce or family law matter through arbitration, they have to agree to do so. One potential drawback, however, is that the parties waive their appeal rights by engaging in binding arbitration.
Missouri, Illinois, Kansas and Oklahoma Alternative Dispute Resolution Lawyers
If you are interested in starting the collaborative divorce process, contact us online or call any one of our convenient locations throughout the region. We have locations in St. Louis, Kansas City, Columbia, Springfield, Wichita, Tulsa and beyond in the Midwest.