For some high-net worth individuals considering divorce, alternative dispute resolution is a viable alternative to traditional litigation. Alternative dispute resolution strategies include mediation and arbitration and can be more flexible and efficient than taking a divorce case through the court system.

But what is the difference between mediation and arbitration? How do you know which strategy is right for your unique situation? At The Ohiku Law Office, experienced Divorce Attorney Odalo Ohiku supports high-net worth clients like you through your divorce by offering innovative strategies that settle conflicts and help families heal.

Read on to understand more about mediation, arbitration, and whether one of these strategies can help you during your divorce process.

Understanding Mediation

Divorce mediation has become more and more common, particularly among spouses with children. In mediation, the divorcing parties voluntarily agree to come to the table with a neutral representative called a mediator (usually an attorney with experience in mediation). The mediator has both parties sign a confidentiality agreement which protects each person’s ability to speak freely at the mediation table without fear that their words will be used against them in the future. Without taking sides, the mediator guides the parties in both joint and private discussions to find resolutions that are satisfactory for everyone. Resolutions are non-binding and can be revisited in the future should the needs of the family change.

Pros and Cons of Mediation

The goal of mediation is to avoid entering the court system while ensuring a divorce process that is thoughtful, respectful, and balanced. Mediation is an excellent solution for spouses who have decided to divorce but are still on amicable terms and who believe they could come to a divorce agreement through thoughtful discussion. Mediation is also a wonderful solution for divorce-seekers with children looking to create a custody arrangement that works for everyone. Mediation also usually takes less time than a traditional lawsuit and allows for flexibility in when and where the meetings happen.

However, mediation is not always the best option. For high-net worth individuals with a complex portfolio of assets to divide, going through the formal court system may actually be the most efficient route. For divorcing spouses who are not on amicable terms and have difficulty coming to agreement on important issues, mediation may end in a stalemate with the divorce taken to the court system anyway.

Understanding Arbitration

Arbitration is an alternative dispute resolution strategy that is more formal than mediation, yet less formal than taking your divorce case through the court system. In arbitration, the divorcing spouses hire an arbitrator (usually a lawyer or judge) to hear their arguments and review evidence in their divorce case. The arbitrator then makes a judgement in the case that is binding – just like if you were in a courtroom with a judge.

Arbitration is different from formal court proceedings in that it is private and the divorcing spouses select and hire their arbitrator. Further, while you will still present evidence and arguments, these processes are less formal than they would be in a courtroom.

Pros and Cons of Arbitration

Like mediation, arbitration is usually more efficient, flexible, and cost-effective than traditional litigation. Unlike mediation, arbitration is a formal process that ends in a binding judgement. People who choose arbitration to settle their divorce generally find the element of privacy a benefit. It is also usually easier to schedule a hearing with an arbitrator than waiting for a court date, so the whole process is smoother and takes less time.

The biggest con of arbitration for those considering divorce is that the decision of the arbitrator is binding in almost all cases. So, if one or both spouses do not like the final decision, they do not have the option of appealing the decision or going back to court.

Alternative dispute resolution strategies like mediation and arbitration can lighten the emotional and mental load of divorce, and The Ohiku Law Office is here to help you understand your options. Attorney Odalo Ohiku is an experienced mediator and arbitrator and has helped hundreds of local individuals and families work through the divorce process in a healthy and supportive way.

Experienced Divorce Attorney Odalo Ohiku is passionate about supporting his clients throughout the divorce process by offering thoughtful alternative dispute resolution solutions. To learn more and discover which strategy is right for you, call The Ohiku Law Office today.