Benefits of a Family Law Mediator, Arbitrator, And Conciliator

Benefits of a Family Law Mediator:

  • Mediator: neutral/impartial party facilitates dialogue with parties involved to ultimately reach a decision/common ground
  • Generally less expensive when compared to litigation
  • Outcomes are mutually agreed upon by all parties involved
  • Mediation usually makes the process more streamlined, and quicker in terms of getting a court date and getting results
  • High rate of compliance- those who mediate through an agreement are more apt to follow through and comply with any and all terms
  • Mediation allows a greater degree of control and predictability of outcome for all parties involved
  • Creates a sense of preservation of a relationship in an amicable way- those who use mediators usually get along with each other and communicate better than those who don’t
  • Agreements tend to be more satisfactory to all participants- neither party tends to compromise as much
  • Since the final outcome is agreeable to all parties, the agreement usually lasts much longer, and future changes are usually amicable on all sides

Benefits of a Family Law Arbitrator:

  • Parties  (generally through attorneys) present their case to an arbitrator, who will ultimately determine the outcome/final details of the case. The parties agree on the choice of the arbitrator, the issues to be presented and may agree on procedural rules.  In essence, an arbitrator is a private judge selected  by the parties.
  • Serves as a forum to resolve disputes outside of the judicial system.  Given how backed up the courts are, arbitration may be a much faster process.  The parties and the arbitrator determine the schedule and may choose to do longer days than a court can, for example.
  • Can many times be the final solution to a divorce
  • More than one arbitrator may be used
  • In a divorce case, the couple may choose what issues may be brought before an arbitrator
  • Depending on the rules chosen, it can be a less formal, more comfortable approach or it may be exactly like a divorce trial would be in court.
  • Can be binding or non-binding arbitration.  If the parties agree to binding arbitration, a judge may enforce the arbitration result.

Benefits of a Family Law Conciliation:

  • A conciliator is used as an impartial party who works to drive the two parties to an agreement which is satisfactory on all sides.  Sometimes the conciliator will evaluate each side’s case and point to weak or strong areas as a means to resolve the case.  The conciliator may share his/her own experience with the judge assigned to the case on the issues being presented.
  • Conciliator may develop and propose terms of agreement
  • Often used preventatively- when a dispute or issue arises, conciliators push to find a resolution and push to extinguish a larger conflict from occurring
Arbitration, Conciliation, Family Law, Mediation , , ,

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