Mediation vs. Arbitration: What’s Better For Your Divorce?
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
What’s the difference between mediation and arbitration?
Bill Leininger – Divorce Mediation Attorney – Sarasota, FL
I am a trained arbitrator and will sometimes be asked to arbitrate even marital related cases. The reason why arbitration in the domestic relations field hasn’t really taken off like it has in the small business field where people don’t want to pay a $25,000 retainer to start a commercial case and then they’re running to court back and forth.
It’s because certain areas of the law, for public policy reasons, we are not permitted to arbitrate. I am not permitted, even if the husband and wife agree.
“Bill, I’ve known you for 20 years, you’re a straight shooter. We both trust you, but we want you to decide who’s going to be the primary custodial parent.”
Well, thank you for the vote of confidence, but the state of New York says, and most states say, only the judge will make a decision on the custody of the children. Many states will say only the judge will make a decision on child support and on alimony. So because there are limits, then you might say, well, what’s there to fight over?
Usually arbitrations will involve businesses, what we call equitable distribution of assets. There may be trade secrets involved, which you don’t want to have involved in the corporate process. It’s a very esoteric area.
The average person who has a house and has a pension or a 401k, it’s probably not going to have, you know, an arbitration on their case.
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