"What is mediation/arbitration?"
Mediation is a process whereby the parties, and almost always their attorneys, meet with a neutral independent mediator who is trained both at law and in the art of negotiation. The role of the mediator is to “pull” an agreement out of the parties. In other words it is the parties’ agreement, which is reached as a result of the negotiating skills of the mediator.

Arbitration is a decision by a neutral independent party. Arbitration may either be binding, or advisory. If it is advisory it simply means that if the arbitrator were a judge hearing your case, the arbitrator would decide the case in a certain way, and the arbitrator advises you how he or she would decide the case. If it is binding arbitration, then the arbitrator will enter an arbitrator’s award which is much like a judge’s decision; that arbitrator’s award then will be incorporated in a Final Decree of Divorce. In binding arbitration, the arbitrator’s award cannot normally be changed.

John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. He can be reached at (713) 877-8800. View his website and Divorce Magazine profile.

Tuesday, May 15
at 8 pm to 8:30 EST
Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
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