What do you know about mediation and arbitration? Each is a means by which a divorcing couple can avoid divorce court. That is where the similarity ends. Arbitration and Mediation are totally different.
A mediator is a third party who attempts to help the couple come to an agreement. If the couple can’t meet in the middle and come to an agreement, the mediator can do no more.
Arbitration is different from mediation in that the arbitrator has the power to enforce a settlement. Prior to the start of arbitration, the husband and wife sign a document saying that they agree to be bound by the arbitrator’s decision.
The arbitrator listens to arguments in favor of each party and then gives a ruling.
There is also something called “med/arb” which is when a couple understands and agrees that there will be a ruling at the end of the mediation process. What it means is that if they can’t reach an agreement in mediation, an arbitrator will be called in to make a ruling.
The question arises, “Can a mediator change roles and become the arbitrator?” The answer is yes but there are pros and cons to this role change.
- It will save money because very little time is needed to make a ruling since the mediator already is familiar with the case.
- Inherent in the mediation process is confidentiality. Mediators may hear things that would be prejudicial if they change hats and become the arbitrator.
Spouses need to communicate about whether or not they should explore the idea of having a mediator who would be willing to act as an arbitrator.
Photo: celesteh
