Family Law Medi-Arb

What is Medi-Arb? Medi-Arb is a combination of mediation and arbitration. Mediation is third-party assisted negotiation. Arbitration, specifically binding arbitration, is a process whereby a third-party makes a binding decision for your case. Combining the two is when you have a professional playing two roles – the mediator and the arbitrator. This is important because this combination allows you to come up with an agreement with the other party so that you have some control over the outcome. On the other hand, it’s very practical to move into binding arbitration if you can’t agree. Since about 1990, it’s been thought that it is always better to agree on your order as opposed to having a third-party decide for you. On the other hand, over these last 35 years, we’ve seen an increase in conflict between parties, as well as in personality disorders. So the reality is that many divorcing couples, unmarried parents of two children, and other family law parties aren’t necessarily equipped to resolve cases, even with the help of a mediator. With Medi-Arb, you get a chance to resolve your case, with a third-party making decisions for you. In a situation where it’s not practical to reach agreements, it’s helpful if your mediator can become a binding arbitrator. Every county in Texas except for El Paso county requires mediation before your final trial. So you can meet your mediation requirement by going to MEDI – ARB. Additionally, you can choose to have your mediator become your arbitrator on any issue that you cannot settle during mediation. The advantage is several fold, especially if done without lawyers, it can definitely save you money. And there’s no great shame in not being able to reach an agreement. Using a binding arbitrator is very practical in many situations, especially if conflict has been high or there is a personality disorder or mental illness. if you get a good mediator, who’s also an arbitrator, you can often get your case resolved in one day. The binding arbitration decision. is very hard to overturn, so you know going in that the arbitrator’s decision is almost completely not subject to appeal. For those that want their divorce or other family law case. over and done, it couldn’t be a more ideal situation. Typically when you go to mediation and don’t settle, then you need to get ready for court, which usually takes two or three days to prepare for and one to three days to try.. Instead, if you have a good Mediator who’s also an arbitrator, this is an excellent option. if you don’t want to waste time, and Can't reach agreements quickly, let A third-party decide for you. If you don’t go to binding arbitration after an unsuccessful mediation, then you’re likely waiting weeks if not months for your trial date, and accumulating much higher cost. and stress than would be present in a mediation that became an arbitration during the same process. Copyright 2025, Good night and thank you. michael a Hiller, Hiller & Associates, P.C. a.k.a. Hiller Law.