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Mediation vs. Arbitration

Mediation vs. Arbitration

There are a range of Alternative dispute resolution to choose from: Private Judge vs. Mediation vs. Arbitration vs. Negotiation.

The parties have lower control over the process when Private judge and Arbitration are involved. Parties have higher control of the process when Mediation and Negotiation take place. There are following possibilities for reaching divorce decision:

Litigation.

The judge is making decision. Parties could be self-represented or represented by attorney.

Collaboration

  1. Parties decide through negotiation their own agreement,
  2. Their attorneys are negotiating agreement.
  3. Mediation
  4. Collaborative law team.

There are some other kinds of alternative dispute resolution such as facilitation, ombudsman, hybrid.

The people usually decide how to go based on case complexity, party’s relationship can they work together, ability of funds, how they educated and informed.

Mediation vs. Arbitration

Both Mediation and Arbitration are ways to resolve legal issue outside the court. In Arbitration the legal problem will be decided by the arbitrator based on evidence presented. The arbitrator analyzes facts presented and award decision legally binding on both parties. In mediation, the Mediator, neutral party, will guide both sides through the process to reach decision by themselves based on what is most important for each party.

Advantage of Mediation based on case studying

According to longitudinal study (12 years) high conflict cases, especially child custody, 28% of nonresident parent who mediated saw their children weekly. 52% of nonresident parents who mediated talked with their children weekly.

In comparison Litigation vs. Mediation vs. Arbitration, 9% who litigated saw their children weekly. 14% nonresident parents who went through Litigation and Arbitration talked with their children weekly. A big advantage of mediation is that they deal with issues they care about. Also,  advantage of Mediation is that it helps parties to understand each other, allows presentation of their view and to be heard.