| Ever wonder why some people choose to handle their | | | | experienced in family law is an excellent way to fully |
| divorce through mediation or arbitration rather than | | | | and completely present your case. Arbitrators have |
| going to court? Here are some of the advantages | | | | more time and are not bound by the rules of evidence. |
| mediation and arbitration offer. | | | | Arbitration is more relaxed than court and can usually |
| Value - In mediation, a complete divorce and parenting | | | | be scheduled in a matter of days or weeks instead of |
| agreement can generally be reached in 8-16 hours. Of | | | | months. To increase your flexibility further, you can |
| course, if the two of you cannot agree on the color of | | | | combine mediation with arbitration, as mentioned |
| the sky, you had better plan on it taking double that | | | | above. |
| time. The hourly rate of one mediator is about half the | | | | Control - During mediation, you are in control of your |
| hourly rate of two attorneys arguing about the same | | | | own process and your own agreement. The mediator |
| issues. In mediation, even if each of you consults with | | | | will guide the process you have chosen, but you are |
| an attorney for an hour or so before, after, or during | | | | free to change direction and to make agreements that |
| mediation, your costs will still be significantly lower than | | | | might be unconventional. Courts generally do not have |
| going to court. Having your mediator take on the dual | | | | time to be creative in making orders regarding |
| role of arbitrator during an impasse will also save you | | | | property distribution, parenting issues or support; you |
| time and money, since you won't have to explain all of | | | | are more likely to get a one-size-fits-all solution. A |
| the details again to someone new. An arbitration | | | | mediated agreement, on the other hand, will be crafted |
| award is binding, just as a court order is. | | | | specifically for your unique situation. Although arbitration |
| Flexibility - Courts are overwhelmed with more cases | | | | is generally more formal than mediation, you still have |
| then they have time to hear. You might have two | | | | control over how formal you want the process to be. |
| days worth of information you want the court to | | | | If you want the arbitrator to decide some issues, but |
| consider, but the court might only have half a day to | | | | not others, you can provide these specifics in your |
| take your case. In addition, courts are required to | | | | agreement to arbitrate. |
| follow rules of evidence that often limit the information | | | | If you're looking for more value, flexibility and control |
| they can consider during your case. Information you | | | | during your divorce proceedings, consider mediation, |
| might think is crucial to understanding your situation | | | | arbitration, or a combination of both as alternatives to |
| cannot be considered by the court if it is hearsay or | | | | court. |
| not presented correctly. Using an arbitrator who is | | | | © 2009, Mary Wollard, J.D. |