What is mediation and arbitration?

January 30, 2017

Mediation is a process whereby you and your spouse meet with a third party facilitator who will attempt to assist you in reaching a settlement. The mediation can be either “closed” mediation or “open” mediation. Generally, mediation is closed, meaning that all information, offers or documentation exchanged during the course of the mediation sessions remain privileged, and cannot be disclosed by either party if the matter proceeds to court. This enables the free-flowing of information and offers to settle. Please click here to view my Mediation Contract, and to obtain further details of this process.

Arbitration is a process where you and your spouse agree to have a third party hear your case and make a decision on the issues before the arbitrator, much in the same way as with a judge in court. You and your spouse have to sign an Arbitration Agreement, outlining the parameters of the process, issues to be arbitrated, etc. Arbitration is often considered to be a more cost-effective and timely (especially with significant court backlogs) manner to resolve disputes.