What Is The Difference Between Mediation And Arbitration?
In summary, mediation is a meeting between the parties in a domestic dispute and a third-party mediator trained in dispute resolution. The goal is to reach a mutually acceptable agreement on as many issues as possible and to write a memorandum outlining the terms of the agreement. Mediation is consensual — you are not told by the mediator what the decision should be.
Mediation is successful in many cases. Its advantages are that it is not adversarial, it is less expensive than extended court proceedings, it is faster than multiple court hearings, and you have more input into the terms of any agreement reached rather than having a judge decide the issues for you.
At Scott Law Group, we encourage our clients to consider their options for achieving a timely resolution through mediation and other alternative dispute resolution methods such as arbitration.
How To Make Mediation Work For You
For mediation to be fully successful the parties must be open to settlement. They need to try to find middle ground, which involves compromises by both parties. In preparation for mediation, you should think carefully about what is most important to you and be prepared to explain why.
We have attorneys trained as Certified Superior Court Mediators on call who have a high success rate of settling domestic cases.
We can go to a mediation conference to advise you of the legal consequences of different issues discussed before you commit to a binding settlement agreement. This is possible in all cases except court-ordered custody and visitation mediation in certain counties of the state. In these counties, the parties meet together alone with a court-appointed mediator paid by the state.
Mediation is getting increasingly popular in family law matters. It is successful if both parties will seriously try to reach an agreement. However, one noncooperative party can make mediation impossible. We encourage you to explore this alternative method of dispute resolution with us if you believe it can work in your case. We can help in the selection of a mediator with experience in cases similar to yours.
Other Options: Arbitration
The spouses may agree to submit some or all their disputes to an arbitrator, a person chosen to decide the issues that the parties present. An arbitrator should have special training and qualifications. The arbitrator’s decision can be made into a court judgment. Although traditionally the decision of an arbitrator is binding and final, some variations have emerged in recent years. We can discuss whether arbitration is advisable in your particular case. It offers a good alternative to multiple court hearings and is generally faster than the court process. It is especially appropriate in complex cases involving businesses and other significant assets.
Contact Us And Speak With An Attorney
At Scott Law Group, we are here to help you achieve a positive outcome. This means looking at all the options before making a decision. To speak with a lawyer about your case, call us at 336-310-8569 or 800-566-2907, or send an email by filling out our contact form. We are located in Kernersville and routinely work with clients throughout North Carolina.