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Consider the following terms when deciding which approach would be best to use for your divorce case. As always, contact us today if you need legal advice.
What is mediation?
Certain situations are best resolved when an unbiased third party is involved. This third party is called a mediator. When a mediator is present, both parties can discuss what each of them want from a situation and the mediator can help guide them to a decision. Mediation works best when the parties are friendly and are willing to work together to reach an outcome.
It’s important to know mediators do not have the legal right to impose a decision onto the parties involved. They are simply there to guide the parties into a decision that benefits both of them. If a decision is reached, the parties can sign a contract to enforce the decisions made during the meeting. A huge benefit to mediation is the ability to have a say in the matter at hand. With other legal proceedings, you are at the mercy of a judge.
What is arbitration?
Arbitration is much like mediation however the arbitrator does have the power to make a decision for the parties involved. Arbitration allows for the parties to meet outside a courtroom in a private setting. The parties will present their case and evidence, and the arbitrator will determine who should be awarded what.
If binding arbitration is involved, the parties must agree to the decision made by the arbitrator. If either one of the parties does not comply, there can be legal consequences. Arbitration is also a great legal proceeding to use if both parties are amicable and don’t want to go to court.
Contact us today if you are in need of a family law attorney!