What is Mediation and how is it different from Arbitration?
Mediation is a process whereby the parties retain an independent mediator. The mediator is typically an experienced attorney who meets with each party individually and together in an effort to understand the parties’ positions and expectations. The mediators discuss the needs of the parties and assists in the marital disputes. Typically, a Memorandum of Understanding will be prepared by the mediator. The parties can be represented by their own counsel throughout this process for legal advice and guidance. The attorneys typically do not participate in the mediation process. Once a Memorandum of Understanding is prepared, the attorney will review it with the client and often will incorporate those terms into a Property Settlement Agreement. Your attorney can prepare a Judgment of Divorce and contact the Court for an uncontested divorce hearing with a Superior Court Judge. Arbitration is somewhat different from mediation in that the arbitrator, retained by the parties will make a decision
