MANHATTAN, NY – Couples navigating divorce in New York have options beyond traditional courtroom litigation, but understanding the fundamental differences between arbitration and mediation is critical to choosing the right path. Manhattan divorce mediation attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/arbitration-vs-mediation/) explains how these alternative dispute resolution methods differ and when each approach may be appropriate for divorcing couples.
According to Manhattan divorce mediation attorney Ryan Besinque, the primary distinction between these two processes centers on decision-making authority. In mediation, couples retain complete control over outcomes and work collaboratively to reach mutually acceptable agreements with the help of a neutral facilitator. “Mediation relies on voluntary cooperation and gives couples the flexibility to craft solutions that work for their unique situation,” explains Besinque. By contrast, arbitration functions more like a private trial where a neutral arbitrator hears evidence and issues binding decisions that both parties must follow.
Manhattan divorce mediation attorney Ryan Besinque emphasizes that both methods can save significant time and money compared to traditional litigation through the New York County Supreme Court. Under New York Civil Practice Law and Rules Article 75, arbitration awards are enforceable in court and carry the same legal weight as court judgments. Mediation agreements become legally binding once both spouses sign a written settlement agreement, which can then be incorporated into the divorce judgment.
Attorney Besinque notes that mediation works best when both spouses are willing to negotiate in good faith and maintain honest disclosure of financial information. The process typically involves several stages, including orientation, information gathering, issue identification, negotiation, and agreement drafting. Sessions usually last two to three hours and may continue over several weeks or months, depending on case complexity. “The collaborative nature of mediation assumes both parties can advocate for themselves effectively,” he adds.
The firm handles cases throughout Manhattan, from Midtown to the Financial District, helping couples navigate property division, spousal maintenance, child custody arrangements, and child support calculations. Mediation can address virtually any divorce-related issue, making it particularly valuable for couples who share business interests or want to minimize conflict when children are involved.
Besinque advises that arbitration may be the better choice when couples cannot reach an agreement despite good-faith mediation efforts. “Arbitration provides a private, streamlined alternative to court trials with binding decisions and flexible scheduling,” he notes. The arbitrator is usually a retired judge or experienced family law attorney agreed upon by both parties. After hearing both sides, the arbitrator issues a written decision that is typically final with extremely limited appeal rights under CPLR Section 7511.
Many Manhattan couples strategically combine both methods in an approach sometimes called “med-arb.” This hybrid process starts with mediation to resolve as many issues as possible collaboratively, then moves unresolved matters to arbitration for binding decisions. This approach captures the benefits of both processes while preventing mediation impasse from forcing couples into full litigation.
The Law Office of Ryan Besinque works with couples filing at Manhattan Family Court at 60 Lafayette Street and New York County Supreme Court at 60 Centre Street. The firm focuses on helping families find solutions outside traditional courtroom battles while protecting their rights throughout the alternative dispute resolution process.
For couples considering divorce in Manhattan, understanding the differences between arbitration and mediation can significantly impact emotional well-being, financial outcomes, and the timeline for resolution. Consulting with an experienced family law attorney may help determine which approach best serves individual needs and goals.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm dedicated to family law and alternative dispute resolution. Led by attorney Ryan Besinque, who has extensive experience in divorce mediation and collaborative processes, the firm represents couples throughout New York City. For consultations, call (929) 251-4477.
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Email: ryan@besinquelaw.com
Website: https://www.besinquelaw.com/
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Company Name: The Law Office of Ryan Besinque
Contact Person: Ryan Besinque
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
Country: United States
Website: https://www.besinquelaw.com/