06/20/2026
Mediation and arbitration are not the same thing, and the difference matters.
In mediation, a neutral third party helps both sides reach a voluntary agreement. Neither side is forced into a result.
In arbitration, a neutral third party hears the case and issues a binding decision. It functions similarly to a private trial, without the delays and formality of the court system.
Arbitration can be a powerful tool in family law cases where the parties cannot reach agreement through negotiation but want to avoid a full public trial. It is faster, more private, and puts control of the timeline in the hands of the parties rather than the court's docket.
Lisa Gill is a Rule 31 Listed Mediator and has extensive experience in alternative dispute resolution.