These two terms are being tossed around a lot as people prepare to meet the December 31st deadline for divorce related paperwork and try to avoid going to court. I’ve left a link to an article by Armita Azad from Mediate.com that gives a clear, concise look at the differences between the two from the participants’ point of view.
Here are a few highlights that I think are important and as always, if you need a hand with clarifying something, please give me a call
“MediatioIn and arbitration play a role in resolving disputes outside of the court. These methods of conflict resolution are tailored to the trend of judicial relief and assist parties into resolving disputes according to the party’s needs. They take in account personal or business priorities and interests that no court judgement is able of addressing.
In arbitration, a judge and jury decides the merits of the case based on the law and facts that may lead to one sided results; and has become more adversarial in the sense that the parties are obliged to proceed with both their lawyers and a third-party decision maker that will impose the judgement.
The whole idea of mediation is to use a neutral third party to facilitate a deal amongst the parties. It has the advantage of reorienting parties towards each other, not by imposing rules on them. It assists the parties with achieving a new-shared perception of their relationship with an innovative view that will redirect their attitudes towards each other. When parties mediate, their relationships can be restored.”