Mediation and Arbitration as an Alternative to Divorce Trials
Mediation is a form of alternative dispute resolution that gives spouses a chance to finalize a divorce agreement — or resolve another type of family law dispute like a child custody fight — without the additional time and expense that almost always accompanies a divorce trial.
Although mediation is not the best solution in every divorce case, it is an alternative worth considering in many situations, and is frequently court ordered and required before proceeding to hearings or trials.
As part of the services we provide to family law clients, Myres, Dale & Associates, P.C., helps clients decide whether mediation is appropriate for their specific circumstances. We also work closely with clients who choose mediation — to make sure our clients are well-prepared for the mediation sessions.
Firm co-founder Laura D. Dale and attorney Liza A. Greene are both trained and certified mediators. Firm co-founder Susan Myres is 1 of the 29 certified family law arbitrators in Texas trained by the American Academy of Matrimonial Lawyers.
The Difference Between Mediation and Arbitration
Mediation and arbitration are both forms of alternative dispute resolution.
In mediation, the parties agree to present their sides of a dispute to a neutral third party who will help the parties compromise to reach an acceptable, and usually irrevocable, agreement. The parties are not, however, required to enter into an agreement.
For many families, especially families with children, spouses must still communicate with each other in a productive way for years after a divorce. Mediation may be useful as a conflict resolution tool that decreases, rather than increases, hostility and helps the parties find ways to communicate in healthy and constructive ways.
In arbitration, the parties agree ahead of time to accept the decision of the arbitrator as either binding or non-binding. That person is not a sitting judge but is a trained decisionmaker. Arbitration allows the parties and their counsel to pursue alternative methods and strategies in the case that may not be readily available in the court room. The parties and counsel can benefit from the flexibility available in arbitration.
Both mediation and arbitration are more informal than a court trial, and the parties agree ahead of time on who will serve as the mediator or arbitrator. Also, the proceedings and results in both mediation and arbitration are private, unlike court hearings, in which both the proceedings and the records are usually open to the public.
Get More Information About Family Law Mediation
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If you have specific questions about a family law conflict and whether mediation might be a useful conflict resolution tool, schedule a confidential consultation in our Houston, Texas, offices with one of our attorneys. To make an appointment, call toll-free 866.506.1221 or send us an e-mail.
