Generally, there are two forms of alternative dispute resolution: mediation and arbitration, each of which has different applicability in divorce matters.

Arbitration is a process similar to litigation, whereby the parties generally follow rules of law and procedure, utilizing the services of a referee, or arbiter. The determination of the arbiter is binding, subject to the decision being submitted to a Supreme Court judge to be confirmed. An appeal may be taken only if the decision is arbitrarily made.

Mediation is a process that allows the parties themselves to determine the outcome of their own divorce. In that regard, the role of a divorce mediator is to assist the parties in resolving their marital conflict on their own, and to help them arrive at their own resolution of their divorce for both themselves and for their children, in what is referred to as a “win-win” process.