NCJ Number
92930
Journal
Arbitration Journal Volume: 34 Pages: 17-21
Date Published
1977
Length
5 pages
Annotation
The current adversarial techniques of divorcing discourage constructive problemsolving. Mediation and arbitration improve the probability of reaching an equitable settlement agreement.
Abstract
This article discusses and compares mediation and arbitration as alternatives to the adversarial method of divorcing. Many marriages break down due to lack of cooperation and poor communication. A trained mediator can establish with the couple the communication and equalization of power required for a negotiated settlement. The role of the intervenor is to provide a nonthreatening environment in which necessary information can be presented and discussed. The intervenor may provide referrals for counseling of emotional problems. Divorcing couples typically try mediation first, turning to arbitration only when there is an impasse. Arbitration is an authoritative process more flexible than formal court proceedings. The final decision in arbitration can be binding or it can serve to advise the court. While settlements worked out by all parties in a divorce tend to be more humane, the process should be voluntary rather than mandatory. Nineteen notes are included.