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The difference between divorce mediation and arbitration

When a Colorado couple decides to get a divorce, they do not have to jump straight to a court date. They also have the option of mediation and arbitration. Although there are pros to each option, couples who cannot work together may end up going to trial regardless.

Mediation allows couples a chance to resolve their own problem. In mediation, a neutral party, known as the mediator, will work with both parties to come to an agreement. It is not the job of the mediator to make a decision; ultimately, the mediator's job is to just get an agreement. The results of the settlement are private, so this is often a good solution for couples who do not want the terms of the settlement to be known.

Arbitration is a bit different in that it is similar to a trial. Evidence is often used to argue both sides. Unlike mediation, the arbitrator makes the final decision on each matter. The costs can be high as the arbitrators often charge per day or even by hour. While the arbitrator makes the decision, both parties do have better control over the environment where the arbitration takes place.

For many couples, divorce mediation is a cost-effective option that allows for a quick settlement. However, if the couple simply cannot cooperate, it may be in their best interest to go to trial. Unfortunately, contested divorces can tend to be long and drawn-out affairs, and the costs can be much higher than if the dispute is resolved outside of the courtroom. In some cases, a family law attorney can assist a divorcing client in negotiating a comprehensive settlement agreement in a far shorter period of time.

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Cooper, Tanis & Armas, P.C.
42 Garden Center
Broomfield, CO 80020