Process: Mediation/Arbitration

A.           Description of Process:
Mediation/Arbitration or “Med/Arb” is a process that begins in mediation and, if mediation is not successful, the mediator has the authority to make a binding decision with respect to any unresolved issues.  The same third party acts as both mediator and arbitrator. 

B.           Possible Advantages:
Some of the possible advantages of the mediation/arbitration process are:  the process is flexible so that parties can control the process to a greater degree than might be possible in the more formal court setting, the cost of the process may be lower than the more formal court process (however there are extra costs associated with payment of the fees of the arbitrator), the arbitrator is an experienced family law professional, the process is private, the appeal process is limited and, in most cases, a result by arbitration can be achieved more quickly than court.

C.           Possible Disadvantages:
Since the mediator focuses on the interests of the parties and encourages a settlement according to those interests, and since an arbitrator is expected to fairly and impartially decide according to the law and evidence a final determination of the rights of the parties, there is a risk that if an arbitrator has started out mediating his or her ability to arbitrate may be compromised. 

D.           How to set up an Appointment:                      
You can set up an appointment by contacting our office at 902-434-6181 or emailing one of our family law team assistants Sarah Crawford scrawford@crcplawyers.com or Crystal Bergman kbergman@crcplawyers.com.