When a marriage ends, going to court may be the first option that comes to mind. But litigation is not the only way to resolve a family law dispute.
Alternative dispute resolution, or ADR, gives families other ways to work through disagreements. Two common methods are mediation and arbitration. Although both can help people resolve issues outside a traditional trial, they work differently. Our overview of alternative dispute resolution in family law explains how these processes may fit into a broader resolution-focused approach.
Mediation Lets You Keep Control of the Outcome
Mediation is a guided negotiation. A neutral third party, called a mediator, helps all parties discuss the issues, identify areas of agreement, and work toward a solution. The mediator does not decide the case or impose an outcome.
Instead, you and the other party remain responsible for the final agreement. This can leave room for flexible solutions that reflect your circumstances rather than having a decision imposed by someone else.
Having your own attorney involved can also be valuable. A mediator must remain neutral and does not serve as either person’s advocate. A lawyer can help you prepare for mediation, understand your rights, review proposed terms, and evaluate an agreement before you sign it. This type of mediation coaching can help you approach negotiations with a clearer understanding of your options.
Arbitration Gives a Private Decision-Maker Authority
Arbitration works differently. An arbitrator hears the disputed issues and makes a decision. The parties generally agree on which matters the arbitrator will decide and how the process will work. Depending on the applicable law and arbitration agreement, an award may later be confirmed by a court and become enforceable as a judgment.
For some families, arbitration can be useful when negotiations have reached an impasse but they still want to avoid a full court trial.
How Mediation and Arbitration Differ in Pennsylvania and New Jersey
Both states allow families to use ADR in appropriate divorce and other family law matters, although their legal frameworks are not identical.
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Pennsylvania: A Uniform Family Law Arbitration Act took effect in 2024 and established a specific framework for private family law arbitration. The law permits arbitrators to decide many family law disputes, including certain financial matters arising from divorce, but an arbitrator cannot grant the divorce itself. Private mediation is also always available.
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New Jersey: Families may agree to binding arbitration for issues connected with a divorce. The court system also uses economic mediation in contested divorce cases with unresolved financial issues, such as property division and support. Private mediation is also permisssable.
Because the rules differ, an attorney familiar with the law that applies to your case can explain how each process may affect your options.
Mediation vs. Arbitration: Key Differences
The most important distinction is who controls the outcome. Other practical differences can also affect which process makes sense:
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Decision-making: In mediation, the parties decide whether to accept an agreement. In arbitration, the arbitrator decides the issues submitted for a ruling.
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Flexibility: Mediation gives the parties room to develop their own solutions. Arbitration follows a more structured decision-making process.
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Finality: Mediation produces a resolution only when the parties agree. Arbitration is designed to produce a decision on the issues submitted.
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Privacy: Both processes generally take place outside a public courtroom, although later court filings or proceedings may affect how much information remains private.
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Scheduling: Private ADR may offer more scheduling flexibility than waiting for an available court hearing. Both mediation and arbitration can be more flexible that litigation.
Neither approach is automatically better. The right process depends on the issues involved, the parties’ ability to negotiate productively, and whether they want to retain control of the outcome or ask a neutral decision-maker to resolve a dispute.
When Mediation May Be the Better Starting Point
Mediation often makes sense when both people are willing to participate in good faith and want to retain control over the result. It may also be possible to combine ADR methods. For example, parties might use mediation to resolve most financial issues and turn to arbitration only for a remaining dispute.
Attorneys at BKW Family Law LLC can serve as your mediator but can also helps you navigate mediation through mediation coaching. Our lawyers can help clients prepare for sessions, identify questions to address, review proposed agreements, and provide legal guidance as negotiations move forward.
Choosing an Approach That Fits Your Situation
The decision between mediation, arbitration, and litigation should depend on your circumstances. Mediation offers greater control over the final terms, while arbitration gives a private decision-maker authority to resolve defined disputes. Litigation remains available when court involvement is necessary or another process is not appropriate.
At BKW family law, we have lawyers that serve as a mediator, arbitrator, mediation coach or represent you in litigation. If you are considering mediation, arbitration, or another resolution-focused approach, contact our team to schedule a consultation.