Arbitration

When Mediation Fails: Is Arbitration the Right Next Step?

Mediation is often held up as the gold standard in family dispute resolution — and for good reason. It gives families the opportunity to resolve deeply personal issues with dignity, autonomy, and collaboration. But what happens when that path, despite everyone’s best intentions, comes to a halt?

It's important to understand that a failed mediation is not a failure of the family. Sometimes, it simply means that the issues at hand are too complex, too emotionally charged, or too entrenched to find common ground without a decisive outcome.

That’s where arbitration can step in.

What Is Arbitration, and How Is It Different?

Unlike mediation, which is rooted in voluntary agreement, arbitration is a more formal process. It resembles court in that a neutral third party — the arbitrator — hears evidence and arguments, and then makes a binding decision. But unlike court, arbitration is private, often quicker, and offers more control over the process, including timelines and the selection of the arbitrator.

When Might Arbitration Be the Right Choice?

• When one or both parties feel stuck. If progress has stalled and repeated attempts at mediation yield little to no movement, it may be time to shift gears.

• When clarity and finality are needed. Families need stability — especially when children are involved. Arbitration can provide closure with a clear, enforceable decision.

• When you value privacy and efficiency. Arbitration keeps sensitive family matters out of the public courtroom and generally moves faster than litigation.

It’s Not an All-or-Nothing Scenario

In many cases, parties use a hybrid model. For example, they may continue to mediate some parenting matters while referring specific and timely issues to arbitration. A customized process is one of the unique strengths of alternative dispute resolution.

Final Thoughts

Mediation doesn’t always resolve everything — and that’s okay. The goal is to move forward, not to remain indefinitely in process. If you’ve reached a point where agreement feels out of reach, arbitration can offer a fair and respectful path forward. The key is finding the right professional who understands the nuances of your family, your goals, and the road you’ve already traveled.

If you're wondering whether arbitration is the right next step for you, I invite you to reach out. Sometimes, just having the conversation can bring clarity.