Med-Arb: The Best of Both Worlds for an Uncontested Divorce in Atlanta?

If you’re approaching an uncontested divorce in Atlanta, you might have heard of both mediation and arbitration. But did you know that there is also a “hybrid” option called med-arb? This approach combines elements of both mediation and arbitration to create an entirely new form of alternative dispute resolution (ADR). How exactly does it work?

Med-Arb Is Mediation Followed by Arbitration

The concept behind med-arb is relatively simple. The couple agree that if mediation fails, they will immediately progress to arbitration. Another distinguishing feature of this approach is the fact that the mediator in the first phase becomes the arbitrator in the second phase. This obviously means that the individual responsible for overseeing this process needs to be qualified and experienced enough to handle both roles.

Why Is Med-Arb Getting Popular?

Med-arb is becoming more popular because it combines the “soft” approach of mediation and the finality of arbitration. A mediator can only suggest certain outcomes, and spouses are free to reject these suggestions. This can be interpreted as both a strength and a weakness of the mediation process. While some spouses do not like to be forced to make decisions, others may refuse to compromise until forced to do so.

An arbitrator orders spouses to resolve their divorces in certain ways, and these orders are legally binding. While spouses must voluntarily agree to participate in arbitration, the outcome is out of their hands once the process begins. Again, this could be interpreted as both a benefit and a downside. Many spouses want to end the divorce process as quickly as possible without going to court, and arbitration helps them achieve this. On the other hand, the lack of control associated with arbitration can be disconcerting.

Med-arb combines these two approaches with the goal of achieving the best of both worlds. While the initial stage of mediation gives spouses an opportunity to compromise and cooperate without feeling forced to do so, the possibility of arbitration ensures that no matter what happens, the divorce will end without going to trial.

What Are Critics Saying About Med-Arb?

Since its introduction decades ago, critics have pointed out various flaws with med-arb. These critiques generally focus on the dual role of the med-arbiter, the person tasked with overseeing both ADR processes if the initial mediation fails.

Arbitrators are supposed to make their decisions based solely on the facts presented during the arbitration process. In addition, the details of mediation are supposed to be confidential, and they should not be used against spouses during any future litigation or ADR processes. The med-arbiter must therefore “forget” what happened during the mediation sessions and try to remain unbiased during the subsequent arbitration sessions.

Can an Uncontested Divorce Lawyer in Atlanta Help You? 

If you’re interested in exploring ADR options in more detail, an experienced divorce lawyer in Atlanta may be able to help. Although mediation, arbitration, and med-arb are all viable options, you might also consider collaborative law. You can discuss all of the various options and their pros and cons during a consultation with Buckhead Family.

Source:

 irc.queensu.ca/wp-content/uploads/2013/04/articles_med-arb-a-viable-dispute-resolution-alternative.pdf