What Is the Difference Between Arbitration & Mediation In Family Law?
A frequently asked question that is directed to family lawyers is what the difference is between arbitration and mediation when it comes to family law. While the terms get thrown around a lot during the breakdown of a relationship, it can be difficult to know the difference.
If you’ve experienced a relationship breakdown and are trying to figure out the best way to deal with it for all parties involved, you may be wondering whether you need to look for family arbitration lawyers or family mediation lawyers.
Both types of alternative dispute resolution (ADR), both arbitration and mediation can help you to avoid court and give you more control over the future arrangements for you and your family.
In this article, we’re going to cover the differences between arbitration and mediation to ensure you pick the resolution method that is right for you and your family.
Arbitration in family law is one of two alternatives to traditional court experiences. It is a process in which disputes are resolved through the use of family arbitration lawyers.
Arbitration involves the appointment of an arbitrator who will make the final and legally-binding decision on the future arrangements concerning the breakdown of a relationship. Arbitrators are served with the task of making the decisions when it comes to child-related issues and some financial and property disputes.
Arbitration is usually chosen over litigation for its speed. It usually takes less time to reach a decision and is considered a good way to solve disputes in a confidential and flexible way that works for all parties.
Arbitration may be more expensive, in some cases, than traditional litigation and mediation, but the quickness of the decision can outweigh the cost for some. It allows you to move on more quickly and begin adjusting to your new arrangements.
Arbitration is typically a legally-binding process.
Mediation is a process that allows families to negotiate future arrangements for their children after the breakdown of a relationship. A neutral third party facilitates the decision but does not have the power to tell the involved parties what to do. Instead, they help them to reach a decision reasonably and amicably.
Family mediation lawyers are chosen for several benefits including improved communication between a couple, mediation offers a less stressful experience than going through litigation, mediation allows couples more control over the final decisions for the future, and mediation gives more flexibility to change and adjust the arrangements.
Mediation is generally a cheaper and quicker alternative to litigation, but it is not a legally binding process.
Mediation and arbitration are both alternatives to the traditional litigation route taken after the breakdown of a relationship, commonly referred to as alternative dispute resolutions (ADR). Both employ neutral third parties to help with the decision-making process, but while arbitrators can tell involved parties what to do, mediators cannot.
Arbitration is a legally binding process, usually, whereas mediation is not. Generally, arbitration is more expensive than mediation.
Looking For A Family Lawyer In Newmarket? Call Baker Doodnauth!
Are you looking for family arbitration lawyers or family mediation lawyers in the Newmarket area? Why not get in touch with Baker Doodnauth to work with experienced and dedicated family lawyers that will make this difficult process a bit easier.
We’ve got a team of arbitrators and mediators on hand to help with disputes and have been successfully serving the Newmarket community for several years. Get in touch today to find out how we can support you and your family!