How is arbitration different than mediation?

 Arbitration and mediation are both alternatives to the usual court processes. An arbitrator’s role is to decide the case for the parties, while a mediator’s role is to assist them in reaching their own decision. A mediator works with parties and helps them identify and come to mutual agreement on issues. An arbitrator hears pertinent information from both parties and writes a decision to which both parties must adhere.

 How is arbitration different than litigation?

 Litigation refers to the traditional adversarial method of taking a case to court and having a judge decide the outcome. While it poses some similarities to litigation, arbitration allows parties to choose their arbitrator. They can also control aspects such as timing, location, and the rules of how proceedings will run.

 Litigation frequently takes a year or more to complete, while arbitration can be accomplished much faster. Taking your case to trial means you have to follow all the courtroom guidelines and decisions and have your family’s fate decided by an assigned judge. You have little to no control over how the case will run.

 Why would I choose arbitration?

 In many cases, parties are court-ordered by a judge to take their case to arbitration. In a few rare instances, some spouses had a pre- or post-nuptial agreement that stated that arbitration would be the preferred method of dispute resolution in the event of divorce. Occasionally, people simply prefer arbitration over mediation because they don’t feel they can effectively resolve issues through mediation. Additionally, you may decide to arbitrate your case in the event mediation efforts fail.

Why should I arbitrate my divorce case?

Arbitration allows parties to resolve important but difficult, and usually emotionally charged, problems in their lives in a private setting in a fair and efficient manner. It offers the potential to resolve a divorce case in a faster and less expensive proceeding than a trial in the Family Court. The parties can decide how the case will move forward, and they control the location, timing and even the rules of the arbitration proceedings.

How does divorce arbitration work?

 At the beginning of the process, you and your spouse put into an agreement the issues you would like to arbitrate. Then the parties present their case to the arbitrator, usually through their divorce attorneys, just as they would present a case to a judge. At the end the arbitration, the arbitrator issues an award that sets forth a decision. The parties usually agree in advance that the Arbitration Award will be binding and not subject to appeal. This provides finality that may not exist in court proceedings. The parties present the arbitrator’s award to the court, which accepts the award and issues a Judgment of Divorce incorporating the decisions in the arbitrator’s award.

 Is an arbitration agreement binding?

Typically, the agreement the arbitrator comes to at the end of arbitration sessions will be binding and enforceable by the court.

 Do I need to appear in court for arbitration?

No, you do not have to attend court hearings as part of the process. However, you will need a family law judge to sign off on your divorce when you are ready to finalize all matters.

What are some specific areas that can be arbitrated without necessarily arbitrating the entire matter?

Typically, some costly areas such as child custody, alimony or business valuation can specifically be addressed through arbitration. Most anything can be singled out for arbitration, if the need arises.

Will the arbitrator show favor over the mother or father?

No. Gender plays no role for the arbitrators at C.A.M. and never factors into our decisions. Fathers need not worry about losing custody of their children if they are fit and stable parents.




The helpful team at Capital Mediation & Arbitration is available at 855-422-8555. We can offer additional information about arbitration and ADR in general, allowing you to walk into any proceedings fully informed about the process and your rights. Call us today to learn more. 

FAQs About Divorce Arbitration

No question is too big or too small for the experts at Capital Mediation & Arbitration. Below you’ll find answers to some of our clients’ most common concerns.

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