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Mediation vs. Arbitration: What’s Better For Your Divorce?

Quick answer

Should you arbitrate or mediate your divorce? Mediation fits most couples, says Staten Island, New York divorce attorney Bill Leininger. Though a trained arbitrator, he can't issue binding rulings on custody—and in many states child support or alimony—since public policy reserves those for a judge. Arbitration mostly serves complex asset or business disputes, not a typical household's divorce.

Excerpt summaries from the video and transcripts · how we make them

Answered by Bill Leininger · Staten Island, NY

Highlights

0:25

— why binding arbitration never caught on in family law

1:09

— the limits: some states let only a judge set support and alimony

Frequently Asked Questions

Should you arbitrate or mediate your divorce?

Mediation fits most couples—though a trained arbitrator, he can't issue binding rulings on custody, and in many states child support or alimony, since public policy reserves those for a judge.

When does arbitration make sense?

Mostly for complex asset or business disputes, not a typical household's divorce, which is why it never caught on in family law.

→ Full interview on Attorneys.Media

Contact Bill Leininger
Answered by

Bill Leininger
Divorce Mediation For New York Residents

69 filmed answers · full profile →

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