Research has shown that people are more likely to abide by the terms of an Agreement they negotiated then by Court Orders that are imposed on them. The Team at Bombardieri Family Law regularly recommends lawyer-assisted mediation to suitable clients. Lawyer-assisted mediation helps parties resolve their matters quickly.
Mediation involves a qualified neutral third party who works with the clients to resolve their matters through negotiation and compromise. The role of the mediator is to facilitate constructive communication aimed at resolving all issues amicably and with respect. The process of mediation requires willingness by both parties to make compromises and understand their former spouse’s feelings with respect to the issues. Depending on the number of and complexity of the issues for mediation, parties may only need to attend mediation once. If the matters are more complex, the parties may need to attend several mediation sessions to finalize their case.
Arbitration is slightly different because while Mediation involves the parties reaching an agreement, Arbitration involves an arbitrator making a decision for them. The parties must agree to participate in Arbitration and submit to the decision of the Arbitrator, who effectively acts as a Judge and renders a decision, called an Arbitration Award, based on the law and the facts of the case.
There are many advantages to Arbitration including:
- It is private (the parties claims and documents are not filed with the Court and are therefore, not available to the public).
- Less adversarial than the Court process.
- Less costly than Court.
- General matters are resolved faster than they would in Court.
- Unlike the Court system where the Judge may not have a background in family law, the Arbitrator is an experienced Family Law Lawyer who knows Family Law and the applicable laws, rules, and legislation governing the issues.
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If you are considering whether mediation or arbitration is right for your situation, we can help.