Lawyer-assisted mediation can help parties resolve their matters quickly.
We regularly recommend lawyer-assisted mediation to suitable clients. This involves a qualified, neutral third-party who works with clients and their respective lawyers to resolve their matters through negotiation and compromise. The process requires willingness by both parties to make compromises and understand their former spouse’s feelings with respect to the issues.
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.
Frequently Asked Questions
Why is mediation a recommended approach?
It is often a calmer and more amicable way to resolve matters, and 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.
What is the role of the mediator?
The role of the mediator is to facilitate constructive communication aimed at resolving all issues amicably and with respect.
How long does mediation take?
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.
What are the advantages to arbitration?
- It is private (the parties claims and documents are not filed with the Court and are therefore, not available to the public).
- Can be less adversarial than the Court process.
- Can be less costly than Court.
- Generally 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.