Getting divorced? Can Mediation and Arbitration work together to help couples stay out of court?
Yes, mediation and arbitration can be combined to help couples reach agreements and stay out of court.
In this process, couples first attempt to resolve the issue on their own with the help of a mediator. If they can't come to an agreement, the mediator can make a referral to an arbitrator who will decide on an outcome. That outcome is binding on the couple. The arbitrator is, in essence, acting as a Judge but without the significant court delays.
It may well be that a couple have agreed almost all the issues but can’t agree on a final point or points – like should spousal maintenance be paid or how to deal with just the pensions.
It is important to weigh the benefits and drawbacks of combining mediation and arbitration and consider the specific circumstances of the case before deciding which approach to take.
What are the differences between Mediation and Arbitration?
- A neutral third party, called a mediator, helps the parties define and understand the issues and each side's interests.
- The parties retain control over the entire process, including the format of the process, who can attend the mediation, and how to resolve the dispute.
- The mediator has no power to decide the outcome, and the final decision is made by the couple.
- Mediation is less expensive and considerably faster and cheaper than court proceedings.
- Mediation is a confidential proceeding conducted in a less intimidating environment than a courtroom.
- A neutral third party, called an arbitrator, listens to facts, and considers evidence provided by the couple.
- The arbitrator is given power to decide the outcome, and the parties have less control over the process.
- The arbitration process is more structured and like a court case, but a couple can have a final decision a lost faster than if they were using the court process.
- The outcome is based on the needs of the parties and the arbitrator will give careful consideration to the information provided when making their final decision.
- The arbitration process is more expensive than mediation, but less expensive than traditional litigation.
In summary, mediation is a collaborative process that helps parties reach a mutually acceptable solution, while arbitration is a more formal process that involves a neutral third party deciding on the final outcome.
What are the benefits of mediation and arbitration?
Mediation and arbitration can offer several benefits when used in family law cases. Here are some of them:
Cost savings: Mediation and arbitration can be less expensive than going to court, as they typically involve fewer legal fees and court costs
Time savings: Mediation and arbitration can be faster than going to court, as they do not involve lengthy court proceedings
Privacy: Mediation and arbitration can be more private than going to court, as they do not involve public court proceedings
Customisation: Mediation and arbitration can offer more customised solutions than going to court, as they allow parties to work together to find a solution that works for them
Better relationships: Mediation and arbitration can help parties maintain better relationships, as they allow parties to work together to find a solution that works for everyone
Better outcomes for children: Mediation and arbitration can lead to better outcomes for children, as they allow parents to work together to find a solution that is in the best interests of their children
Overall, mediation and arbitration can offer several benefits when used in family law cases. However, every case is different so careful consideration needs to be given to the options available.
If you would like to know more about mediation and arbitration then email us at email@example.com call us on 0800 206 2258 or book a free call at a time that suits you via our website www.familymediationandmentoring.co.uk