SHOULD YOU TRY MEDIATION OR ARBITRATION?

On behalf of Stephen Bedor of Law Office of Stephen J. Bedor posted in alternative dispute resolution on Friday, August 3, 2018. 

There are two main forms of alternative dispute resolution including mediation and arbitration. Each has its own benefits, but they are slightly different in how they work.

If you have a dispute that you can't get through but you're willing to work toward a solution, alternative dispute resolution might be the right option for you. Here's a little more on how mediation and arbitration work.

Mediation

Mediation is special because it gives you a place to sit down and discuss a dispute with your spouse or ex-spouse with a neutral third party present. With a third party there, many find it's easier to stay on topic and to prevent angry outbursts or other issues that resulted in a stop in communication in the past. Mediators know the law and can help guide you to a solution that works for your case. Keep in mind that mediation is usually a nonbinding solution.

Arbitration

Arbitration is different than mediation because of its more formal design. You have a hearing, similar to a trial, but it's with just a single judge or arbitrator and your attorneys, if you wish. You and your spouse or ex-spouse present your arguments, and the arbitrator makes a decision based on the facts presented. The results are binding in most cases.

Resolving a dispute doesn't have to result in time in court. Either mediation or arbitration can work for you if you're willing to get together to try to resolve your concerns with your spouse or ex-spouse. With good documentation and support, either of these ADR options can work for you.