The Difference Between Mediation and Arbitration in a Georgia Divorce

When a Georgia couple decides to divorce, they must choose how to resolve their disagreements. Mediation and arbitration are two options for resolving these disputes. It is important to understand the differences between these two options. Learning the differences and the disadvantages of mediation and arbitration can help you make a more informed decision when going through the divorce process.

What is Mediation?

When divorcing in Georgia, couples have the option to go through mediation. Mediation is a process in which a neutral third party helps the divorcing couple reach an agreement on their own. This neutral third party is known as a mediator.

The mediator does not make decisions for the couple, but rather facilitates communication and helps them understand each other’s positions. This process can be less adversarial than going to court, and it often leads to more creative solutions that both parties can live with.

The mediator will meet with both spouses separately and together in order to get a full picture of the situation. The mediator will then help the couple communicate with each other and come to an agreement on the key issues, such as child custody, property division, and support payments.

Mediation can be a very effective way to divorce, as it allows couples to avoid going to court and having a judge make decisions for them. It also allows couples to work out their own agreement, which can often be more beneficial than one decided by a judge.

What is Arbitration?

Arbitration is similar to mediation, but in this process, the arbitrator makes binding decisions about the divorce agreement. This can be helpful when the couple is having trouble agreeing on key issues, but it is important to remember that the arbitrator’s decision is final and cannot be appealed.

Arbitration is a process of dispute resolution where an impartial third party, known as an arbitrator, hears both sides of a disagreement and makes a binding decision on the disputed issue. This can be used in divorce cases in Georgia to help resolve disagreements between spouses over child custody, property division, or other issues.

The first step in the arbitration process is to choose an arbitrator. This person must be neutral and cannot have a vested interest in the outcome of the case. Once an arbitrator has been selected, both sides will present their arguments to him or her. The arbitrator will then make a decision based on the evidence and testimony presented. This decision is binding, meaning that both spouses are required to abide by it.

Arbitration can be a quicker and less expensive way to resolve a divorce dispute than going to court. However, it is important to note that arbitration decisions cannot be appealed and that the arbitrator’s ruling is final.

Both mediation and arbitration can be helpful in divorce, but it is important to understand the difference between these two processes before making a decision. If you have any questions, be sure to speak with an experienced divorce lawyer.

Disadvantages of Mediation

When going through a divorce, mediation can be a helpful way to reach a settlement between you and your spouse. However, there are some disadvantages of mediation that you should be aware of before deciding whether it is right for you.

Might be difficult to reach an agreement. One disadvantage of mediation is that it can be difficult to come to an agreement if you and your spouse have a lot of disagreements. This is because mediation relies on both parties being able to reach a compromise, and if you can’t agree on anything, the process will likely be unsuccessful.
More costly than just negotiation. Another disadvantage of mediation is that it can be expensive. This is especially true if you and your spouse hire lawyers to help with the mediation process. Additionally, if you go to mediation multiple times, the costs can add up.
Not always successful. Finally, mediation is not always successful. Even if you and your spouse are able to come to an agreement during mediation, there is no guarantee that the agreement will be finalized in court. If the agreement is not finalized, you may have to go through a trial, which can be expensive and time-consuming.

Despite these disadvantages, mediation can be a helpful tool for couples who are going through a divorce. If you think mediation might be right for you, talk to your lawyer to learn more about the process and what you can expect.

Disadvantages of Arbitration

When going through a divorce in Georgia, arbitration may be an option to consider. However, there are several disadvantages of arbitration that should be taken into account before making a decision.

More expensive than traditional litigation. First, arbitration is often more expensive than traditional litigation. This is because the parties must pay for both their own attorneys and the arbitrator. Additionally, the arbitrator’s fees are often hourly, which can add up quickly.
Binding agreement. Second, arbitration is generally binding, meaning that the decision of the arbitrator is final and cannot be appealed. This can be a downside if you do not agree with the arbitrator’s decision.
May take longer. Finally, arbitration can take longer than mediation. This is because the arbitrator must review all the evidence and issue a decision, which may not be immediately possible.

Before deciding whether to use arbitration in your divorce, it is important to weigh all the pros and cons. It is also important to remember that the decision of the arbitrator is final and that it can take longer to reach a resolution.

Call Our Experienced Atlanta Family Law Attorneys

At Hobson & Hobson, P.C., our Georgia divorce attorneys know the difficulties couples face when going through the divorce process. That’s why we work quickly to help our clients address those issues and navigate through them. We advocate strongly for our clients throughout the divorce process, so we can protect their futures.

Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation, so you can review all your legal options.

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.