Divorce Arbitration and Mediation Are Very Different
Divorce arbitration differs from its sibling mediation in the role that the third party person involved plays in each. Divorce mediation allows for guidance but not representation by the neutral third party mediator. This means that both sides basically work out the details under the watchful eye of the mediator.
With divorce arbitration the third party is in effect the judge of the proceeding. Both sides state the facts as they believe them to be true, present arguments, testimony and evidence and then await the ruling from the third party person. There are opening statements and closing statements just as there would be in a court of law. While the rules can be set by both parties if in agreement, for the most part, this is very much like regular court. Upon closing arguments, a ruling is delivered and that ruling is binding. This means that divorce arbitration, whatever the ruling ends up being, is final. There is no appeal. It is the last word.
Divorce arbitration may be preferred by parties that spent many years going back and forth to court over the same issues only to end up back in court yet again and again. When there is seemingly no end in sight, this type of judgment may be the best option of them all. Both parties can elect to have legal representation or they can elect to waive their right to counsel. However, most of the time it is a good idea to go ahead and retain an attorney. There are many aspects to the law that the average person may not be aware of, so trying to be their own representative could end up costing each of the parties more than they bargained for or realized.