Divorce Mediation or Arbitration, Which is Best?

Press Release (ePRNews.com) - Toronto, ON - Jun 14, 2017 - The basis of an uncontested divorce is having both spouses in agreement on all issues that are raised by the divorce. However, more often than not divorcing couples are far from being in agreement and at times at the beginning of the divorce one spouse threatens a court battle and such aspects as a separation agreement go out of the window. When divorcing parties are committed to ending their marriage in an amicable fashion and are committed to amicably resolve their disputes about property division, spousal support, child support etc. collaborative law is used. During collaborative law, both spouses have lawyers who advise them on issues that arise as they work towards finalizing a separation agreement. The ultimate goal is for parties to enter into a binding separation agreement. However, they are other options that are available in order to amicably go through the divorce, these options are mediation or arbitration. This article will discuss what mediation and arbitration is and which is best for your divorce.

Mediation

Mediation is the negotiation between disputing parties assisted by a neutral person called a mediator. According to the Canadian Bar Association (https://www.cba.org/Home) mediation is defined as, “the intervention into a dispute or negotiation by an acceptable, impartial and neutral third-party who has no decision making power, to assist disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in dispute”. In divorce mediation an experienced family law lawyer or other qualified mediator is called in as a neutral third-party to assist the spouses to reach a mutually agreeable resolution.

Divorce Arbitration

Divorce arbitration is similar to mediation as arbitration requires a neutral third-party to assist spouses reach a resolution on disputed issues. However, divorce arbitration is where the arbitrator makes a binding decision about the issues raised by your separation or divorce. The arbitrator is the neutral third-party and in most cases this is a senior family law lawyer. Therefore, the primary difference between arbitration and mediation is that arbitration is a lot like a private trial. In order to resolve issues parties must present evidence and documentation to an experienced family law lawyer or judge who makes the final decision or determination. While the determination is legally binding it may be appealed in a court.

Mediation or Arbitration

Mediation is a good alternative to litigation “for couples that are able to address each other face-to-face, where there exists no power imbalances” and the parties are willing to resolve their disputes amicably. However, where there exists a history of domestic abuse in the marriage and there is an imbalance of power between the parties to the divorce, divorce arbitration is a good alternative to mediation; where the parties do not want the issues to be on public record and in order to control when their matter is heard and how it will be determined.

If you need advice on divorce mediation and arbitration or a simple divorce in Ontario seek out a divorce lawyer in Ontario, Canada today. However if you are in Toronto and are in need of advice for your divorce, seek out a divorce lawyer in Toronto today.

About the company:

The Bluetown Law Firm is a law firm of renowned professionals who handle divorce and family law. If you are seeking an uncontested divorce in Ontario, contact the Bluetown Law Firm.