Before taking the next step in your divorce, be sure you understand the difference between mediation and arbitration. Despite having some similarities, these processes offer two distinct paths to resolving disputes outside of a courtroom. Reviewing your case with a lawyer who ensures you choose wisely will expedite the process to result in a better outcome.
With Mediation, there is a neutral third party present whose role is to facilitate a conversation between the spouses and help them reach a mutually agreeable solution. While this collaborative approach can be appealing, keep in mind that it is also non-binding. Arbitration, on the other hand, is set up like a private court proceeding in which an arbitrator hears both sides and makes a binding decision.
Key Differences Between Arbitration & Meditation
Chances are you’ve heard both terms many times, whether on your favorite TV procedural or through anecdotes from friends.
The issue with pursuing the wrong path – say, choosing arbitration when a more collaborative, flexible approach would serve you better – isn’t just that it can lead to frustration. You may end up with increased costs or an outcome you cannot appeal. Clarifying the differences early on can help both parties agree on which approach to take.
3 Things to Know About Arbitration
- Who uses it: Typically, couples who want a binding resolution but are concerned about their time or the involvement of judges. It’s often used in high-asset divorces or complex financial cases where a neutral expert can make calls regarding more technical issues.
- When it may be recommended: A divorce lawyer might suggest arbitration when mediation has failed or is unlikely to succeed, but the couple still wants to avoid a public trial.
- Benefits: Arbitration can be more flexible and faster than traditional litigation while keeping your case out of the public eye. The couple may also select an arbitrator with expertise relevant to their areas of disagreements.
3 Things to Know About Mediation
- Who uses it: Generally used by divorcing couples who are willing to work together to reach agreements on issues like parenting plans, property division and spousal support. It is often encouraged when both parties seek a more amicable, cost-effective process.
- When it’s recommended: Your lawyer might recommend mediation if you and your ex are relatively cooperative and want more control over the outcome. It may also be helpful when children are involved, as it fosters more peaceful co-parenting.
- Benefits: Mediation is confidential, less adversarial, and tends to be faster and cheaper than litigation. It often allows ex-spouses to craft customized solutions rather than have a judge impose a ruling.
Illinois Courts May Encourage Mediation – Especially if You Have Kids
In Illinois, as in many other states, courts often encourage and may even require mediation for a couple that is divorcing, particularly when small children are involved. The purpose is to help reduce conflict and support whatever is in the best interests of the child. While this may not be the case with your divorce, people often prefer it if they think it will lead to a faster, less costly conclusion than the alternatives.
Arbitration Can Help Resolve Financial Disputes
Arbitration can still be a useful tool in resolving financial or property disputes between parties who want a binding decision without any court involvement. The state of Illinois does allow for arbitration in many divorce cases, but its use is less common and generally requires mutual agreement. Like most states, Illinois law emphasizes the best interests of the child in custody matters. Therefore, any mediation or arbitration outcomes are expected to align with that standard, which the courts will review before approval.
Get Free Consultation with Top-Rated Family Lawyer in Illinois
What’s ultimately best for a couple depends on a mix of needs, goals and – perhaps most of all – their willingness to cooperate with one another. Even if you agree on many things, it’s a complex process that usually benefits from legal advice early on.
For assistance with your divorce, call the Law Office of David A. King, P.C. for a free consultation today.
