Mediation vs. Arbitration: What’s Better For Your Divorce?
For a divorce, is mediation or arbitration better? Usually mediation, explains Sarasota, Florida divorce attorney Bill Leininger, because arbitration is binding and, by public policy, can't decide custody—or often child support and alimony—even if both spouses agree. Arbitration suits business-flavored disputes like dividing a company or trade secrets; the average couple with a house and 401k rarely needs it.
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Answered by Bill Leininger · Sarasota, FL
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Frequently Asked Questions
Is mediation or arbitration better for divorce?
Usually mediation, because arbitration is binding and, by public policy, can't decide custody—or often child support and alimony—even if both spouses agree. Arbitration suits business-flavored disputes, while the average couple with a house and 401k rarely needs it.
What can't an arbitrator decide?
Custody, and in many states child support and alimony, since those are reserved for a judge—limits that keep arbitration from fitting most divorces.
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