Divorce Arbitration

Arbitration vs Mediation

Options for dealing with divorce and post-divorce disputes, including mediation and arbitration. It is important to understand the difference between arbitration vs mediation.

Arbitration for a divorce in Massachusetts or post-divorce disputes is becoming  more popular among people who want a private process and a neutral person to make or propose a decision related to certain aspects of divorce including: property, assets, liabilities, child support, visitation or parenting plans, household goods, and more.

With long waits in several Probate and Family Court Departments in Massachusetts, private arbitration allows fast decisions to be made by a neutral person, the arbitrator.

During divorce mediation, the divorce mediator will empower each party to decide the outcome. MWI mediators do not render decisions, arbitrators do.

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How Arbitration for Divorce Works

It is common that clients have tried to work out the terms of their divorce before participating in divorce arbitration. Some have tried to negotiate with their spouse or ex-spouse, others have participated in mediation, and other have been working with counsel. For whatever reason, one or more topics remain unresolved and the parties are unable to come to agreement.

Divorce arbitration provides closure for these divorce and post-divorce disputes.

During arbitration, both spouses, with or without counsel, present their case to an MWI arbitrator. The arbitrator will hear from each side and later render his/her decision. Divorce arbitration decisions are final once approved by the Court, however any decisions related to the children may be modified. Post-divorce arbitration decisions are binding.

For more information about arbitration or if you are considering arbitration vs mediation, please contact Josh Hoch at jhoch@mwi.org or 617-895-4028.

MWI’s Case Management

MWI’s Director of Mediation & Arbitration Services, Josh Hoch, provides case management services to MWI’s clients participating in arbitration for divorce and post-divorce. MWI’s case management services provide clients with:

  • Phone support throughout the process,
  • Case intake and administration,
  • Selection of the arbitrator,
  • Arranging the preliminary conference call and hearing date(s).

For more information about arbitration or if you are considering arbitration vs mediation, please contact Josh Hoch at jhoch@mwi.org or 617-895-4028.