Arbitration is another means of resolving your family law case without going to court. If both parties elect to retain an arbitrator, who is almost always another attorney or a retired judge who sat on a bench on a local Virginia court, the parties and their attorneys will meet with the arbitrator and make the best case as to why they should prevail on each outstanding issue. The arbitrator will then rule on the issues, and that ruling will be binding on the parties. The difference between arbitration and mediation is that in mediation, the mediator does not decide the case; the parties make the decisions themselves.