Let’s look at the differences between mediation and arbitration
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MEDIATION |
ARBITRATION |
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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. |
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A mediator has no power to make rulings or compel settlement. |
AUTHORITY |
With few exceptions, an arbitrator’s decision results in the court’s final order or decree. |
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Usually one day |
TIME |
Can be one day or many days |
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Usually $2,800 |
COST |
Usually $2,800 to $10,000 or more |
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Extremely confidential |
CONFIDENTIALITY |
A private hearing but less confidential |
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Almost any family law case, even for those who think settlement 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. |