Washington Business Daily

How to separate mediation issues from arbitration issues?

My divorce agreement says the ex and I must "mediate" if there's a dispute. Yes, there are several disputes. But my ex keeps saying we need "arbitration". There are some issues for which I'd like mediation and keep some decision power, and some issues I'd agree for an arbitrator to decide for us. HOW do I make sure the issues stay separated during mediation/arbitration?

Public Comments

1. With all of the ations you are never going to get divorced !
2. You try mediation first and see if it works. Ours didn't and it had to go to arbitration. Chances are that that is exactly what will happen on those issues that you can't agree on. I'd suggest you try as arbitration is expensive and the arbitrator tries to be fair to both parties, so you wont get things your way and neither will he. Been there done that.
3. mediate.... arbitration..... when you get right down to it.... they are basically the same.
4. They're basically the same. The key issue is whether or not the results of either are BINDING. Mediators try to get the parties to come to an agreement. When they don't, they typically don't make recommendations to anyone. It's simply off to a hearing on the matter and a judge will decide. Arbitrators may try to get the parties to come to an agreement, but more often hear both sides of an issue and render a decision on which way the matter is to be concluded. Some arbitration is binding, others are not. My thoughts are that you'll probably take all the issues to mediation first and try to work it out on your own. Any unresolved matters should go to binding arbitration, which is essentially like going to a hearing. The arbitrator will render a decision that both will be required to abide by. If the arbitration is non-binding, then you shouldn't be there in the first place. Just go to a hearing.