Mediation is the least adversarial process to resolve conflicts.
The mediator acts as a qualified but neutral third party to help litigants reach an agreeable solution in a private and confidential venue.
Each party can participate with the assistance of legal counsel and can negotiate a resolution while in the same or separate conference rooms.
The mediator assists parties in identifying disputed issues and finding creative, practical solutions. The mediator does not provide legal advice to either participant.
Disputed issues that can’t be resolved between parties can progress to arbitration if both sides prefer to resolve the matter outside of court. This process is often referred to as Med/Arb.
Arbitration is more flexible and private than the “one size fits all” process in public court.
The arbitrator acts as a private judge to hear both sides of a case and render either a legally binding or a non-binding decision depending upon the wishes of the participants or the issue in dispute.
Arbitration is often faster than the court process, while relaxing traditional courtroom rules that limit the size of written evidence and time for presentation.
Parties can have private disputes resolved in a confidential setting rather than a public courtroom and have expanded time for a personal presentation by each side.
Arbitration can offer parties a faster, less expensive process to obtain a family law decision with a known, experienced decision maker. The scope of the decision is up to the litigants who can resolve temporary concerns or final orders as they wish.
Arbitrations can allow the participants and their attorneys to appear for their hearing at a set time or be based exclusively on written submissions. Arbitration can also provide a more comfortable environment for clients who are elderly, traveling or have special needs as they litigate their concerns.
A less stressful alternative to arguing a case in the same room.
Litigants that prefer to engage in settlement negotiations but find it too stressful to be in the same room are provided with comfortable, private rooms with their respective attorneys. Throughout the negotiation process, messages and offers are shuttled between rooms by the neutral expert until a resolution is reached.
Parties will usually submit informal written information in advance and the expert may offer perspective or suggest alternatives while communicating offers and responses between the parties. This is a process where the expert does not render a decision but assists the parties in creating their own solution and agreement.