Paula M. Lawhon Divorce Law Blog on Lawyers.com

Yes.  Mediation is different from arbitration.  In arbitration, the arbitrator's decision can either be binding or nonbinding.  Paula Lawhon, an experienced divorce mediator in San Francisco, explains how divorce mediation can be binding.

A San Francisco divorce can be best obtained through mediation rather than arbitration.  When an arbitrator is hired to make a decision for disputing parties, the decision can be binding or nonbinding.  In nonbinding arbitration, the parties decide ahead of time not to be bound by the arbitrator’s decision if both of them do not agree to the final decision. If the parties do not agree with the arbitrator’s decision, they can choose to litigate their dispute in court.  In binding arbitration, the parties do not have a choice; the arbitrator’s decision is final and binding.

Divorce mediation is preferable to arbitration because the agreement is reached by the parties themselves through a series of discussions and negotiations with the mediator. The mediator does not make decisions for the parties. The mediator is hired to help both parties reach an agreement that works for them. Both parties are able to walk away feeling comfortable with the agreement because it is something that they have created together themselves rather than having an agreement imposed on them by a judge or arbitrator. The agreement reached through mediation is signed by both parties and is a binding contract. It is then submitted to the court to become an enforceable court order.  Thus, an agreement created through mediation is binding.

Paula M. Lawhon
870 Market Street, Suite 1151,
San Francisco, California 94102
Phone: 415-398-3400
Toll Free: 877-237-9269
Web log: www.sfmediation.com