Alternative Dispute Resolution FAQs

In mediation, an independent, neutral third party known as a mediator works with you and your spouse and your respective attorneys to forge an agreement. The mediator does not provide legal advice to either party, nor does the mediator impose a result, but rather strives to help both parties find common ground. When family disputes involve children, mediation can be a highly effective tool for parents to maintain a co-parenting relationship and preserve the stability of their children’s lives during the turbulent process of divorce. Mediation can put important child-rearing decisions in the parents’ hands, rather than being left with an unpredictable outcome in the court system.

In arbitration, a neutral arbitrator listens to the details of the case and renders a decision. The proceeding is similar to that of a trial in the court, but the procedural and evidentiary rules are more informal and may provide a process tailored to the specific issues and the parties. In nonbinding arbitration, either party can reject the decision and then move on to binding arbitration or the court system. In binding arbitration, parties agree to abide by whatever the arbitrator decides and the right to appeal the arbitrator’s decision is severely limited.