Mediation vs. Arbitration in a Divorce: Which Approach is Best?

Divorce is often one of the most emotionally challenging and overwhelming experiences someone can go through. Although litigation is a path to resolving issues, more couples are opting for alternative dispute resolution (ADR) methods such as mediation and arbitration. Led by Angelo Sarno, the family law team at Sarno da Costa D’Aniello Maceri Webb  LLC  is well-versed in negotiating divorce settlement agreements in New Jersey. So, which option is better—divorce mediation or arbitration? Here, we explain factors to consider and how to make a well-informed decision about which ADR method is right for you.

What Is Divorce Mediation?

Divorce mediation is a collaborative process in which a neutral third party, known as a mediator, helps couples reach agreements on various issues that need to be settled. A mediator is there to facilitate discussion and negotiation to help parties reach a mutually acceptable divorce settlement agreement.

Mediation is nonbinding and a mediator does not make decisions for those involved. Mediation can help couples work out issues such as property division, child custody and visitation, alimony, and any other matters that must be resolved.  Mediation is often used by couples who are on decent terms and don’t have many complex issues to resolve.

Advantages of Mediation

Mediation is a voluntary, collaborative process that gives both sides a chance to share their thoughts and come to a consensus about issues surrounding a divorce. Unlike court litigation where a judge makes decisions about property division and other matters, in mediation, both parties must consent to what goes into the agreement. Mediation is also confidential, which keeps these matters private.

Mediation can be completed fairly quickly and is less costly than arbitration or a trial. It also offers both parties the flexibility to schedule sessions according to their availability. Mediation is especially beneficial for preserving relationships, as it requires cooperation. Less contentious negotiations are good for everyone involved, especially for couples with children. In some cases, mediation is ordered by the court to try and work out issues without the need for a trial.

What Is Divorce Arbitration?

Arbitration is more structured and formal than mediation, almost like a private court. In arbitration, a neutral third party, the arbitrator, hears evidence and arguments and makes decisions about any issues that need to be resolved. Arbitration can be binding or non-binding. In binding arbitration, the arbitrator’s decision is final and legally enforceable. In non-binding arbitration either party can reject the decision and pursue other legal avenues, such as taking their divorce case in front of a judge.

Advantages of Arbitration

Like mediation, arbitration is private, and proceedings are not part of the public record. Both mediation and arbitration can help couples save time and money by avoiding a trial. Arbitration offers much more flexibility than court litigation – parties can choose the arbitrator and tailor certain aspects of the process to their specific circumstances.

Which Is Better? – Mediation vs. Arbitration

There is no one-size-fits-all answer to this question, as each situation is unique. You may want to consider mediation if:

• You and your spouse are on reasonably good terms
• You wish to avoid escalating conflict
• You want to save time and money
• You prefer to make your own decisions rather than leaving them in the hands of a judge
• You are co-parenting and want to maintain a respectful relationship
• You have few complex financial or legal issues to work out

Arbitration may be more appropriate for your circumstances if:

• You and your spouse disagree on key issues but want to try an alternative to going to court
• Mediation is unlikely to succeed or has already failed
• You want a faster, more affordable process than going to trial
• There are complex legal matters that require a binding ruling, such as business valuation  
• You’d like to avoid public exposure  

Our New Jersey divorce attorneys can evaluate your circumstances and advise you on the best path forward for your case.

Mediation vs. Arbitration: Can You Use Both?

You can certainly use both mediation and arbitration to resolve issues in a divorce. In some cases, a couple may start with mediation to resolve as many issues as possible. If there are any remaining disputes that can’t be settled, they may move to arbitration to come to an agreement. This approach can reduce stress and emotional upheaval and help save time and money.

Do I Need a Lawyer for Mediation or Arbitration in New Jersey?

Having a family law attorney by your side ensures your rights and interests are protected. In mediation, a divorce attorney can help you understand your rights, advise you on issues to help you make decisions, review an agreement before you sign it, and ensure the final terms of the agreement are fair and legally enforceable.

In arbitration, your divorce lawyer does these same things but will also gather and submit evidence and present your case to the arbitrator. Our family law team includes certified matrimonial law attorneys who ensure the process is fair and conducted in accordance with New Jersey law.  

Our New Jersey Family Law Attorneys Are Here for You

Our family law attorneys understand that whether you settle your divorce inside or outside a courtroom, the outcome can have a long-term impact on your family, finances, and future. Angelo and our family law team provide compassionate, tenacious legal guidance and give you the information you need to make wise choices.

Whether you choose mediation or arbitration for your divorce, reaching a resolution with the least amount of conflict, stress, time, and expense is a winning situation for everyone involved.

Contact Our Divorce Lawyers in New Jersey

If you’re facing divorce and are considering mediation vs. arbitration, our family law attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help. To schedule a consultation with an experienced divorce lawyer in New Jersey, contact us or call  973-274-5200. We serve clients in several convenient locations, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.