While the hope of every separation is for a peaceable and timely settlement, this may not always be the case. When two individuals are at an impasse and cannot figure out next steps, it may be time to put their respective positions before a neutral third party. Taking this route may include mediation, arbitration, and/or litigation.
Mediation is a private negotiation process where you and your former partner each put your positions before a knowledgeable third party, the Mediator. The Mediator helps both people see a possible middle ground where the dispute can be settled.
Arbitration, much like mediation, is a private process, and keeps your relationship out of the public record. While a Mediator assists in settlement, an Arbitrator determines the rights and entitlements of both parties, much like a Judge.
Litigation is a formal process of the Court. A Judge will preside over the hearings and render decisions that will be binding by both parties. These hearings will be part of public record. Sometimes certain separation situations require litigation.
Benefits of mediation and arbitration include:
• a private process that is kept out of public record
• more involvement in the process
• often quicker resolution than litigation
• less costly
As each situation comes with a unique set of circumstances, an experienced legal team will advise on the best course of action. Our team is experienced in all three processes, with a certified Mediator/Arbitrator on staff and many years of court experience.