Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.
When going through a divorce, the process of resolving disputes and making important decisions can often be overwhelming. While traditional litigation is an option, many couples are exploring alternative methods such as mediation and arbitration to reach a more amicable resolution. But what’s right for you? Here are some of the key differences between mediation and arbitration to help you determine which approach may be the right fit for your divorce proceedings.
Mediation is a voluntary process where a neutral third party, known as a mediator, assists divorcing couples in reaching mutually agreeable solutions. The mediator facilitates communication, encourages compromise, and guides discussions on various issues, including child custody, asset division, and spousal support. Unlike a judge, a mediator does not make decisions but rather helps the couple find common ground.
Arbitration, on the other hand, is a more formal process where a neutral arbitrator or panel of arbitrators acts as a private judge to resolve disputes. The arbitrator listens to both sides, considers evidence and arguments, and ultimately renders a binding decision that is enforceable by law. Unlike trial, arbitration is a bit more informal often taking place through written statements or often over Zoom with fewer rules.
Deciding between mediation and arbitration depends on your unique circumstances and priorities. If you and your spouse are committed to working together, preserving relationships, and reaching mutually agreeable solutions, mediation may be the ideal choice. On the other hand, if you seek a more formal process, with the need for expert guidance and a final decision, arbitration might be the better option.
Ultimately, the best approach for your divorce is a personal decision that should be made after careful consideration and consultation with an experienced family law attorney. They can assess your specific situation, explain the pros and cons of each method, and guide you towards the most suitable path. Call the experienced legal team at the law offices of Magnuson Lowell PS for a free case evaluation.