I offer you an alternate interpretation which may fit your data: The easy cases where both parents are likely to agree and be happy with the results, end in me

I offer you an alternate interpretation which may fit your data: The easy cases where both parents are likely to agree and be happy with the results, end in mediation. The difficult cases where both parents are likely to dispute the results, accept mediation less often, and end up in court. Binding arbitration is a different thing entirely, because the parties have no recourse and one of the parties set up the system, which loses revenue if it cannot be useful to that party.