Mediation and Arbitration

During a family law proceeding, the option of mediation and/or arbitration are often desirable. Arbitration and Mediation consists of the appointment of a neutral third-party who oversees and hears the parties’ claims, and will often help render an agreement. This process helps alleviate the expense of court costs and trials.

 

One very important part of the process of mediation and arbitration is that the parties have the ability to control the outcome of their dispute. Whereas a trial allows the judge to make the decision. It is often said that in mediation the parties have the ability to negotiate, and come to a resolution that is satisfactory to everyone.

Mediation

Mediation is a form of alternative dispute resolution in which a neutral third-party is assigned to assist the parties in reaching an amicable resolution by avoiding the length and costs of litigation. The mediator does not render a decision, but instead through experience and expertise assists the parties in coming to a respective agreement.  The mediator is often involved to explain to the parties the benefits of not going through a lengthy trial and the expense of litigation.  The mediator does not render a decision, but only makes a suggestion, and the parties must come to an agreement to settle the divorce.

Arbitration

The main difference between mediation and arbitration is that an arbitrator has the ability to make the decision over the dispute. Arbitration can also be binding and nonbinding. This is very important because there is the potential that an arbitrator’s decision is final, whether you like it or not.

 

When the parties come to a mutual agreement, or an arbitrator renders a final decision, the agreement is placed in writing and becomes part of the case. That final agreement is also enforceable should one of the parties breach the agreement.

 

The Mark Law Firm represents both husbands and wives in matters of arbitration and mediation, and through their experience have an excellent track record of resolving matters to the benefit of their clients. Contact The Mark Law Firm immediately to learn more about your options through arbitration and mediation. “Contact us” and tell your story, or call us at 908-375-6767.