Oregon Divorce Mediation & Arbitration

Oregon divorce law encourages the use of alternative dispute resolution.

Oregon divorce law favors the settlement of cases between the parties as opposed to conducting a trial. Consequently, Oregon divorce law encourages the use of alternative dispute resolution, primarily mediation. However, if the parties agree, they can also use arbitration in an Oregon divorce case.

Function

The function of both mediation and arbitration in a divorce case is to enable the parties to obtain professional assistance in resolving important issues in their case. There are professional mediators and arbitrators who are specifically certified to assist in family law matters.

Mediation

The mediation process permits a couple involved in divorce proceedings to meet with a professional mediator. The mediator works with the couple in one confidential session or more. The objective of the mediator is to assist the parties in reaching agreement on issues associated with the divorce case. The mediator does not make decisions for the couple but works to facilitate a resolution between the parties.

Arbitration

Arbitration bears some similarities to mediation. For example, both parties meet in private sessions with the arbitrator, who listens to their positions on issues pending in the divorce. However, in arbitration, unlike mediation, the arbitrator ultimately makes decisions regarding these issues, rather like a judge in a trial but in a far more informal setting. There are two types of arbitration, binding and nonbinding. Binding arbitration requires the parties to accept the determination of the arbitrator. Nonbinding arbitration allows the parties to agree to the decision if they so desire. Binding arbitration is not commonly used in a divorce case.

Benefits

The benefits of divorce mediation and arbitration include speeding up the process and allowing the parties to resolve a case without the stress associated with a full-blown divorce trial.

Expert Assistance

Even if you are inclined to take advantage of mediation or arbitration in your divorce course, do not preclude the idea of hiring an attorney. The fact is that divorce cases are legally complex and emotionally challenging. Therefore, your interests likely are best protected through professional legal representation. The Oregon State Bar Association maintains a directory of attorneys in different practice areas, including divorce law. Contact the organization at:

Oregon State Bar Association
16037 S.W. Upper Boones Ferry Rd.
Tigard, OR 97224
503-620-0222
osbar.org

References

• Oregon State Bar: Divorce in Oregon
• Divorce Source: Oregon Divorce and Separation
• AboutDivorce.org: Mediation and Arbitration

Resources

• Mediate.com: Oregon Mediators
• Oregon State Bar Association