The fine art of divorce mediation

In Utah and states all around the country, the legal and cultural implications of divorce do not often carry the same stigma they once did. In fact, many families are capable of approaching such family law topics in a positive and productive manner.

Divorce mediation and arbitration can play a significant role in easing the tension between divorcing parties, encouraging both sides to embrace a fair and agreeable resolution. Before entering into divorce proceedings, it can be helpful to understand the options and opportunities available to you and your ex.

Mediation, Arbitration, and litigation. Oh my!

As an alternative to the typically expensive, lengthy and contentious route of divorce litigation, many divorcing couples first look to mediation and arbitration to set the terms of their divorce settlement. And while both are known for being trusted types of alternative dispute resolution (ADR), many people still don’t know what the difference is between the two, or how to make the most of each approach.

Mediation relies on both parties to directly negotiate the terms of their divorce agreement together, with the assistance of a third-party mediator. Every decision in the mediation process is left to both parties to make together, so it’s crucial that a cordial and constructive tone can be maintained throughout the course of mediation. Because parties must work together during mediation, respect and consideration should be offered by both.

Arbitration depends on the same degree of courtesy and objectivity applied to mediation to be successful, but is more formal. The decision made by the arbitrating consultant cannot be contested by either party, and their ruling is final. Therefore, it’s important that both parties attempt to address each issue with care to avoid the prospect of future problems or litigation.


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