Is Arbitration The New Mediation? A Faster, More Cost-Effective, And Binding Solution

Family law disputes and divorce cases are often emotionally draining and financially burdensome. Traditionally, mediation has been a popular alternative to court litigation, offering a more amicable resolution process. However, arbitration is emerging as a new and highly effective method that has numerous advantages over mediation. Let’s explore the benefits of arbitration, including its cost efficiency, time-saving nature, binding decision, and how it can be a refreshing and innovative solution for those seeking to escape prolonged litigation.

Cost Savings

In a traditional divorce process, costs surge as lawyer time increases due to disputes, often impacted by court efficiency. Frequently, the expense becomes misaligned with the clients' financial goals, leading to frustration over the lack of control and prolonged resolution timelines.

Unlike court litigation, where attorney fees can rapidly escalate, arbitration allows couples to work with a single arbitrator who will schedule the arbitration for consecutive days. Unlike traditional litigation, there are no fees for “wait time” as the arbitrator’s case is the only case to be heard on its scheduled day. The streamlined process minimizes expenses and enables the couple to control costs better, ultimately preserving their financial resources for post-divorce life and child support.

Time Benefits

For couples who want to expedite the resolution of their family disputes, arbitration is a game-changer. Court proceedings can often drag on for months or even years, subjecting families to prolonged uncertainty and stress. Arbitration offers a quicker and more flexible timetable, empowering couples to schedule sessions that fit their needs. Instead of a public courtroom, typically the parties present their case in a private setting. They select a skilled and experienced arbitrator to make decisions, either binding or advisory, as determined by their arbitration agreement. The parties have control over the arbitration scope, encompassing economic claims and possibly child support and custody, as allowed by jurisdictional laws. Many clients who elect the arbitration process complete their divorce in a fraction of the time it would have taken in court.