DISPUTE RESOLUTION ALTERNATIVES IN TEXAS DIVORCES (MEDIATION V. ARBITRATION)
Avoiding litigation is a worthy goal. Methods of alternate dispute resolution are available to families, allowing them to avoid the costly and time-consuming court process.
Two Forms of Alternate Dispute Resolution are Mediation & Arbitration
Mediation is the process of allowing a neutral third party or “mediator” to help both parties in a dispute resolve their differences in a controlled setting where cooperation and mutual satisfaction is the goal. The mediator does not advocate on behalf of either party or force a settlement or decision. The mediator simply suggests dispute resolution methods and ideas in order to facilitate discussion and collaboration.
Arbitration involves the oversight of a third party or “arbitrator” over a family law case. Both parties are typically represented by their respective attorneys. The parties either voluntarily agree to abide by the decision of the arbitrator or arbitrators who oversee their case, or to simply view the decision of the arbitrator as in an advisory light. Should the parties agree to abide by the decision or “award,” then this is enforceable in court.