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A Guide to Divorce Actions: What is Mediation? What is Arbitration?

In a divorce, it is always better for both parties to negotiate and agree as much as possible. An amicable divorce is less stressful for all involved, including the kids. It can sometimes be less expensive, since it means litigation is not involved.

Many couples choose to resolve any issues through mediation and arbitration. What do these processes entail? Read on to find out how mediation and arbitration work during the divorce process.

When is Mediation Used?

Mediation uses a third party called a mediator to help the couple work out their issues related to the divorce. They will discuss issues such as asset division, child custody, child support, alimony and taxes. Mediators can answer questions, but they cannot give legal advice They help the parties reach an agreement. One thing to know about mediation, though, is that the agreements reached are not binding. Either party can change his or her mind at any time, so this is best used for couples who are looking for an amicable divorce.

When is Arbitration Used?

How does arbitration work? And when is arbitration used? Arbitration is similar to mediation, but it has some differences. It is a happy medium for couples who cannot agree on many issues, but do not wish to go to court.

Arbitration is different because it does lead to a binding agreement. However, a third party makes the decision, like a judge does in court. This may mean that both parties are not happy about the decision, and unlike a decision made by a judge in court, it cannot be appealed.

Arbitration, however, does expedite dispute resolution. It is private and may be more convenient depending on your unique divorce particulars.

When to Choose Litigation

Mediation and arbitration work best in situations in which the parties are willing to work together to arrive at a solution. When the divorce is contested, and both parties do not agree on all divisions, it is best to proceed with litigation.

If this is the case for your divorce, your only other option is litigation. Litigation means going through the divorce process in court with a judge. By hiring the right divorce attorney, the litigation process can go smoothly, and your lawyer will fight with your best interests in mind.

Contact a Divorce Lawyer Today

Dealing with the end of a marriage is no easy task. Many divorces end up with a high amount of conflict, making mediation and arbitration not a feasible option. Meeting with a dedicated divorce lawyer can help you evaluate your options.

If you and your spouse are having trouble agreeing on property division, child custody and other issues in your divorce, seek help from Brooklyn divorce attorney Theodore Alatsas ESQ. He will keep your wishes in mind but fight for your rights as you navigate through your divorce.  Contact his office and schedule a FREE CONSULTATION by calling (718) 233-2903.