Let’s look at the differences between mediation and arbitration
MEDIATION |
ARBITRATION |
|
A neutral third party facilitates discussion and helps people reach agreement. Very informal. Witnesses and exhibits aren’t required. |
HOW IT WORKS |
A neutral third party takes testimony and weighs evidence outside of court. Less formal than a courtroom trial, but sworn testimony and exhibits are required. |
A mediator has no power to make rulings or compel agreement. |
AUTHORITY |
With few exceptions, an arbitrator’s decision results in the court’s final order or decree. |
Usually one day |
TIME |
Can be one day or many days |
Extremely confidential |
CONFIDENTIALITY |
A private hearing but less confidential |
Almost any family law case, even for those who think agreement is unlikely |
WHICH ONE FOR YOU? |
Not for every case. Works when both sides want a private proceeding less formal than trial, but still results in a decision. Can be scheduled more quickly than a trial. Some prenuptial agreements require arbitration instead of a trial. Effective January 1, 2024, Washington has adopted its version of the Model Family Law Arbitration Act, which may or may not be right for you. |