Divorce does not always have to involve a courtroom battle. In New York, couples can resolve their differences through mediation and arbitration, offering a more peaceful and often quicker path to separation. Let us explore how these alternatives work and why they might be the right choice for you.
Understanding mediation and arbitration
New Yorks allows couples to solve their issues outside of court through mediation or arbitration. Mediation is like having a helpful guide. A mediator assists you and your spouse discuss your issues, such as dividing property, child custody, and support. The mediator doesn’t make decisions for you. Instead, they help you find common ground and create your own agreement.
Arbitration is more like a private trial. You and your spouse present your cases to an arbitrator, who acts like a judge. The arbitrator listens to both spouses and then makes a final, legally binding decision.
Key differences
Both offer several advantages compared to traditional divorce court. However, there are key differences between them, such as:
- Decision-Making: In mediation, you and your spouse make the final decisions. In arbitration, the arbitrator decides.
- Formality: Mediation is more flexible and less formal than arbitration. Arbitration follows a more structured process.
- Outcome: Mediation results in an agreement you both create. Arbitration leads to a legally enforceable decision made by the arbitrator.
- Cost: Both are usually less expensive than going to court, but arbitration can be more costly than mediation.
In general, both often resolve disputes faster than court trials. Mediation works well if you and your spouse are willing to communicate and compromise. Arbitration may be better if you have significant disagreements and need a clear decision.
How mediators and arbitrators facilitate divorce
Mediators are neutral facilitators. They guide the conversation, help you identify your interests, and explore possible solutions. They do not take sides or offer legal advice.
Arbitrators are decision-makers. They review evidence, listen to arguments, and issue a binding decision. They must be impartial and follow New York law.
Selecting a mediator or arbitrator
Choosing the right professional is crucial. Look for someone with experience in family law and a style that fits your needs. Consider their qualifications, fees and approach to conflict resolution. Contact them, ask them questions, and look up what other clients say about them.
Need help finding the right mediator or arbitrator in New York? Contact us today for a consultation! Send us an email or call us at 914-761-9400.