Empowering Families

What’s the difference between mediation and “med-arb” (mediation/arbitration)?

In mediation, the mediator, who is a neutral party, only facilitates the discussion and does not make decisions. Their role is to help the parties identify, discuss, and resolve their issues based on their own criteria.

In “med-arb,” the process combines mediation and arbitration. Initially, the mediator acts as a facilitator, but if the parties cannot reach a resolution, the mediator can switch roles and act as an arbitrator. In this role, the mediator makes a binding decision for the parties.

Sometimes, during mediation, my clients ask me, “Can’t you just decide?” or “What do you think is fair?” This question makes me uncomfortable because what I think is fair or what others do is influenced by my own experiences and legal training. It’s not necessarily what’s important to them. They are in a better position to make decisions based on their own needs and priorities.

When clients ask me to make the decision for them, it’s often due to fear, pain, and the difficulty of navigating the process. It might seem easier to hand over the decision-making to someone else, but it’s important for them to engage in the process and make the decisions themselves.

I’m Katherine Miller. Don’t hesitate to reach out on our email address info@miller-law.com or call us at (914) 685-9805. Thanks for listening