The difference is who decides. A mediator helps you and your spouse reach your own agreement, while an arbitrator makes the decision for you.
What a Mediator Can and Cannot Do
A mediator is a neutral who helps the two sides negotiate. The mediator cannot rule on anything, cannot order either of you to accept a term, and cannot report to the judge how the session should come out. Mediation ends one of two ways: with a signed agreement, or with nothing, and the case goes back on the trial calendar.
What an Arbitrator Can Do
An arbitrator is a private decision-maker you hire to resolve the dispute. In King v. King, 354 Ga. App. 19 (2020), a divorce case, the Court of Appeals explained that “[t]he limits of an arbitrator’s authority are defined by the parties’ arbitration agreement,” because arbitrators “derive their authority to resolve disputes only from the parties’ agreement.”
So the scope is whatever you agree to give the arbitrator. Under OCGA 19-9-1.1, parents may also agree to binding arbitration of child custody and matters relating to visitation, parenting time, and a parenting plan. The statute lets them “select their arbiter and decide which issues will be resolved in binding arbitration.”
You Can Use Both
They are not exclusive. The parties in King agreed to mediate first and, if mediation failed, to submit the unresolved issues to binding arbitration. That sequence is common, and their agreement was incorporated into a consent order signed by the superior court.
The trade-off is finality. Walking away from mediation costs you nothing. An arbitrator’s award, once issued, is one a Georgia court will confirm unless a narrow statutory ground for setting it aside applies.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!