As a proficient Hudson County Divorce Attorney, I often get questions from clients about mediation, arbitration, and divorce and what makes them different. Mediation is not new to the world of divorce. People come to my office all the time and ask, “Do you mediate?” Almost every case at some point is going to be mediated. There are multiple components of your case that will be mediated. Parenting time is usually the biggest. Early on in the case, the court is going to require that you and your spouse, if there are children involved, sit down and try to mediate the issues surrounding the children. Mediation involves one neutral party who hears both sides of the case and the mediator makes recommendations but it won’t be binding. It’s advice from an objective person that can help you reach a settlement position. Arbitration can be binding or non-binding. You can decide that you want to forego a trial and you want to sit down with an arbitrator and he or she will hear the facts in the case much like testimony in a courtroom. The arbitrator, if it’s binding, their final decision will be binding as though it was issued by a judge. You can also select non-binding arbitration where you go the arbitrator and you may or may not accept that person’s recommendation at the end.
Are you going through a divorce and are still unsure of the differences between divorce mediation and arbitration? If so, contact our Hudson County Divorce Attorney for more information.