When disputed family law matters are resolved outside of court, everyone can come out ahead, especially when parties develop their own solutions through cooperative rather than contentious processes. Mediation and arbitration offer methods of dispute resolution that prevent the stress, expense, and delays of a court battle.
When you establish the terms of a divorce or parenting plan outside of court, you can create custom arrangements that fit your particular needs. By focusing on reaching solutions together rather than fighting to prove that the other party did something wrong, the process can preserve relationships and protect children from emotional trauma.
At Children First Family Law, we offer mediation and arbitration services that enable you to resolve issues quickly and economically without the animosity and anxiety of litigation.
How Mediation Works
Mediation is a cooperative problem-solving approach to dispute resolution. Instead of parties focusing their efforts on showing how the other party has wronged them in the past, the mediation process focuses on how to create the best solutions for the future.
In mediation, the parties who have a disagreement on one or more issues meet with a neutral third-party mediator to develop terms of an agreement. The mediator is trained to help both parties find common ground and reach an understanding that meets both of their needs.
It is a good idea for each party to consult their own attorney who can provide advice about the optimal ways to protect their interests. While the mediator might explain some aspects of the law, like a judge, the mediator is committed to remaining neutral and cannot provide advice to either party. However, unlike a judge, the mediator does not have authority to render a decision on the issues. The mediator works to guide the parties to their own decisions instead. When you resolve conflict with the help of a mediator, you remain in control of the outcome. An agreement reached through mediation can be approved by the court and become as binding as a decision achieved through litigation.
Both parties may need to compromise to reach mutually beneficial solutions, so mediation is not the right approach in every situation. However, the cooperative mediation approach offers so many advantages that many courts require parties to try resolving their disputes through mediation before they can bring issues to a judge.
Understanding Family Law Arbitration
Arbitration is similar to mediation in many respects -- but with a key difference. A mediator does not have the ability to issue a decision, but when parties agree to arbitration, they give the arbitrator the authority to render a decision. That decision may be binding or it may be possible to appeal, depending on the way the arbitration is arranged.
That means that resolving a dispute through arbitration can be like a combination of mediation and litigation. It is generally a much more economical process than litigation in court, and parties can resolve matters much sooner than if they need to wait for a court date. The process can also be much less stressful because the sessions are conducted more informally. However, it is still crucial for parties to understand their legal rights and the ramification of their decisions.
Children First Family Law Can Assist with All Aspects of Mediation and Arbitration
At Children First Family Law, we have experience acting as neutral mediator or arbitrator to facilitate dispute resolution, but we can also serve in other ways. We can represent a spouse or parent, advising them on their best options for reaching their objectives and protecting their legal rights. We can also represent the interests of children in a case to ensure that solutions proposed through mediation or arbitration will protect them in the long term.
Our team is focused on helping families settle disagreements through means that preserve their relationships, prevent unnecessary animosity, and protect the vulnerable emotions of everyone involved—particularly children. Mediation and arbitration offer many benefits, but there are other processes such as collaborative divorce that also enable families to develop custom solutions through a cooperative, solution-focused approach.
Find Out How Mediation and Arbitration Could Help You Resolve Family Law Conflicts
Family law disputes involve broken dreams that are painful to contemplate and that raise powerful emotions that can lead to destructive outcomes if they are not channeled properly. Children First Family Law works to facilitate resolutions through mediation, arbitration, and other means that enable families to rebuild shattered relationships on a new model that will serve them in the future.
If you are contemplating divorce or anticipating a custody dispute, this is the perfect time to discuss how we can help you use mediation or arbitration processes to find the right solutions. Just schedule a confidential consultation to get started.