What is the difference between mediation and arbitration?

By Matthew R. Majernik
June 06, 2017
What is the difference between mediation and arbitration?

Mediation of the allocation of parental responsibility, which includes decision-making and parenting time, is required for all parties divorcing in Illinois. If the parties of two in the divorce do not agree to attend mediation willingly then a court will order the parties to attend. Parties can also mediate financial issues by agreement, but the court will not order financial mediation. Any agreement reached in mediation is not binding and the party could change their mind before the mediated agreement is entered by the court. Arbitration can also address the allocation of parental responsibilities and financial issues. Arbitration however is not mandatory and as such, a court will not order arbitration of either the allocation of parental responsibilities or financial issues, further unlike mediation, arbitration is typically binding.

Matthew R. Majernik is a highly skilled mediator and family lawyer in Bloomington, Illinois with a focus on family law and estate planning. His experience also includes the areas of dissolution of marriage, parentage actions, custody, child support, and order of protection. www.allisonmosby-scott.com

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June 06, 2017
Categories:  FAQs

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