Mediation provides a structured, confidential process where parties can communicate openly, clarify issues, and work toward mutually acceptable solutions. Often, mediation alone is sufficient to resolve disputes, allowing participants to maintain control over decisions and outcomes without outside intervention.

Arbitration, by contrast, is a formal, adjudicative process in which a qualified mental health professional acting as arbitrator reviews evidence and submissions and renders a binding determination on the matters referred. Arbitration offers certainty and finality but is limited to issues within the arbitrator’s professional scope. For example, a mental health arbitrator may determine matters like parenting time or access arrangements, but cannot make binding decisions on legal or property division matters.

Med-arbitration combines the strengths of both approaches. The process begins with mediation, giving parties the first opportunity to reach agreement together. If some issues remain unresolved, those matters move seamlessly to arbitration by the same or another designated mental health professional, based on agreements made at the outset. This structure allows participants to retain as much decision-making power as possible while ensuring unresolved issues are addressed in a timely, fair, and binding manner.