Mediation/Arbitration

Divorce can have a major impact on families. The separation process affects all members on some emotional level. Children are especially vulnerable to changes because the routine of their daily lives is interrupted, while parents are dealing with living apart. Additional factors typically associated with a divorce or legal separation are division of property and other financial concerns, as well as determining what is in the best interests of the children going forward. And, when emotions are central to the mix, it can be difficult for the divorcing couple to reach an agreement on anything, much less an equitable settlement to family issues. This is when it is important to have guidance from an experienced divorce attorney like the legal professionals at Fresh Start Family Law in Raleigh, NC – family attorneys who can explain the processes of arbitration or mediation.

Arbitration
Using arbitration as a method of conflict resolution in a divorce case is a serious step for both parties. Arbitration is a much more restrictive dispute resolution process that generally relies on the court to set the terms for the separation strictly according to law. This can be detrimental to either party given the material issues, and arbitration can also result in an outcome that neither party desires with no appeals process after final ruling.

Mediation
Mediation is by far the best method of settling issues in a divorce or legal separation case for a variety of reasons. Mediation allows the divorcing couple to discuss all issues on an informal basis in an attempt to reach an amiable agreement that can result in a much better divorce decree. This method is actually preferred by Raleigh North Carolina lawyers because each family separation case is unique to some degree. With respect to division of marital property, marriage is similar to a business dissolution with the difference being provisions for minor children.