Start Your Divorce Today - Premium Divorce Online

Topic Options
#648574 - 07/06/10 12:49 AM Mediator/Arbitrator vs. Lawyer
keyjockey Offline

recently joined

Registered: 07/06/10
Posts: 3
Are mediators fair? My husband suggested this in instead of lawyer. Any opinions?

#648575 - 07/06/10 04:12 PM Re: Mediator/Arbitrator vs. Lawyer [Re: keyjockey]
iluvmy2 Offline

recently joined

Registered: 05/25/10
Posts: 11
We are using mediation. We are using a company called Alpha Resource Center. Howeer, it works best if you and your spouse are in an amicable situation. You are making most of the decisions and the mediator (who is a lawyer) is guiding you through the process and insuring that you have all of the paperwork complete and addressing all pertinent issues.

#648576 - 01/05/12 11:27 PM Re: Mediator/Arbitrator vs. Lawyer [Re: iluvmy2]
CoachNicole Offline

recently joined

Registered: 01/05/12
Posts: 1
Mediation is a process where both parties work together to decide on a resolution regarding their case/issue.

Arbitration is a process where a third party hears both sides, and makes a decision in favor of one side or the other. It's much like the court process, but with fewer rules, and it takes less time.

Lawyers can be used in mediation, and should be used in arbitration. In mediation, lawyers should only serve to make sure that you're not agreeing any of your rights away. Other than that, attorneys in mediation should allow you as a party to work with the other party directly to come to a mutually agreed upon decision.

Mediators should always be impartial and fair. We are there to help you have the discussions you need to have; to keep track of what you're agreeing upon; and to write up your agreement.

Mediators are cheaper than using attorneys, going to court, etc.

The original poster posted a while ago, but hopefully this helps future readers.

#774219 - 01/17/18 12:56 PM Re: Mediator/Arbitrator vs. Lawyer [Re: keyjockey]
Ivy Roberts Offline
recently joined

Registered: 01/08/18
Posts: 8
In mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.

Arbitration is like the court process as parties still provide proof and give evidence similar to a trial but it is usually less formal.

A lawyer is duty bound to represent only one party, and cannot represent two parties. Lawyers who represent one party can take a “mediative” or cooperative negotiating approach to working with the “opposing” party. It's expensive, time-consuming, emotionally draining and unpredictable.

Resolving a dispute through arbitration is less time-consuming than going to court, but mediation is a significantly faster alternative. Choose mediator and be aware of the dangers of arbitration. It is very difficult to appeal an arbitrator's decision. Mediator often takes lesser time to mediate a dispute and the fee charged by them is more often lesser. Arbitration usually takes longer and costs more.

Edited by Ivy Roberts (01/19/18 12:15 PM)

#774232 - 01/21/18 09:52 AM Re: Mediator/Arbitrator vs. Lawyer [Re: keyjockey]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 957
You are responding to a post that is 8 years old. Do you think they are still considering mediation?


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: