How are arbitration and Collaborative Law different?

Blog, Family Law

Collaborative Law are both forms of alternative dispute resolution, but Collaborative Law is a process whereas arbitration is a single event. In some cases, arbitration could even be a part of the Collaborative process.

When divorcing couples use Collaborative Law, they and their attorneys agree to resolve their differences without taking their issues to a judge or jury. They sign an agreement stating that they won’t go to the court for anything other than to sign an order to which both sides have agreed. Other than that, the parties are only limited, within reason, by their imagination and the agreement with the other party. The process takes place during a series of negotiations between the participants, guided by their attorneys.

The parties may choose to use arbitration during the Collaborative process. The arbitration could take a few hours, a whole day, or several days. If the parties agree to a non-binding arbitration, then once the arbitration is complete, the participants continue within the Collaborative process.