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Difference between mediation and arbitration in Massachusetts

I guess I'm asking about divorce mediation (because that is on my horizon) but I have a general question about the difference between mediation and arbitration in divorce. Thanks.

Mediation vs. Arbitration in MA

Alternative dispute resolution (ADR) is frequently used in Massachusetts for a variety of disputes and issues, including divorce, elder law issues, and personal injury claims.  The two most common types of ADR are mediation and arbitration.  In a mediation, a neutral third party works to find a mutually acceptable settlement.  However, the mediator has no legal authority to impose his or her view on the participants.  Arbitration is a bit more formal.  The arbitrator conducts the arbitration like a mini trial, and her decision is usually binding on the parties (some arbitration is non-binding, and the parties often retain the right to appeal the decision of the arbitrator. If binding, once the arbitrator renders her decision, it can be enforced by the prevailing party just as though it were issued by a court after a trial.  With both methods, the parties often utilize the services of a retired judge or an attorney.  You can follow this link for a discussion of the difference between collaborative divorce and divorce mediation

 

Difference between mediation and arbitration in Massachusetts

To supplement the editor's post. In mediation the parties may be represented by counsel. An attorney mediator will act as a neutral. Not all mediator's are attorneys. If the attorney mediator acts as a neutral, then the attorney mediator is not allowed to represent either party if the mediator breaks down.

Arbitration in Divorce is usually reserved to parties that are well off. They choose to use an arbitrator for many different reasons. Some common reasons are they do not believe assigned judge has expertise, they do not want to wait for a trial or they prefer to keep the matter private.

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