What Is Mediation-Arbitration: A Deep Dive Into Its Basic Legalities

Alternative dispute resolution includes mediation and arbitration

Divorcing couples know how stressful separation can be, especially since it involves complications regarding asset distribution, child custody, and other settlement terms on top of an emotionally tolling situation.

Going to court can make the divorce process a messier and expensive ordeal, but for ex-couples who want to resolve legal issues on mutual grounds, then a mediation-arbitration is the best resolution process for it.


What Is Mediation-Arbitration?

For divorcing couples looking to resolve the end of their marriage without running into costly and complicated lawsuits, a mediation-arbitration process is a form of alternative dispute resolution (ADR). It follows a private form of dispute resolution, which is highly important since both parties are allowed to settle matters on their own terms.

Under a mediation and arbitration agreement, the separating couples can agree on the terms included when settling disputes — from evidence, consultation, and more. There is a difference between the two areas though, so it will be easier to understand mediation-arbitration when you know each process.


What Is Mediation?

The more informal process compared to arbitration, mediation involves hiring a neutral third party to help the ex-couples negotiate a fair resolution to their separation. The mediator does not make any decisions but only offers solutions so both parties can reach a satisfying conclusion to their dispute.


What Is Arbitration?

Mediators can be third-party individuals, but arbitrators need legal expertise since it follows a more formal process involving the dispute. While mediation allows both parties to settle on an agreement, the arbitrator has the knowledge and right to make a binding decision when the separating couples fail to come to an agreement.


Coming Together to Resolve a Conflict

Both processes have their advantages and disadvantages; that’s why combining the elements of mediation with arbitration offers the best of both worlds to all the parties involved. It allows the couples to attempt to iron things out themselves, but if they cannot reach an agreement, then the mediator can become the arbitrator and take the lead when making binding agreements.


The Bottom Line: Why Mediation/Arbitration Is Worth a Try for Divorcing Couples

Not all divorce cases go through a messy route in court. Many couples prefer to avoid fueling their flames, so both parties can try to settle matters in equal terms to separate with fewer complications throughout the process. It’s an affordable and fast resolution with flexible terms, making it one of the most flexible and customizable solutions for legal battles.


Are You Looking for a Lawyer to Help Settle Matters for Your Asset Division?

If you’re looking for a reliable family lawyer in Canada to help you with your cases, such as property division, Dreyer and Associates Family Lawyers LLP can come to your aid.

Our firm is committed to preserving the best interests of families. With an array of experience across family law, wills and estates, and residential conveyancing, we can simplify the legal process for our clients.

Call us at 604-539-2103 and learn more about how we can help you today!






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