What is mediation-arbitration?
Mediation- is an process (ADR), also called family dispute resolution process, that uses and arbitration to try to resolve legal issues without going to court. It is sometimes called “med-arb”.
In family law, you must think about trying ADR to resolve your issues out of court if it's suitable for you. ADR might not be right for you if:
- one person is afraid of another person because there is a history of family violence
- there are serious mental health or drug abuse issues
Mediation-arbitration is voluntary. This means that you and your partner need to agree to use this process. You cannot be forced take part, or forced to agree on your issues. But, if you don't agree on your issues, the arbitrator decides for you.
First, partners meet with a mediator. A mediator is a person trained to help you agree on your issues without taking sides. They help you and your partner during your to try and reach an agreement.
Mediators don't make decisions and don't force you or your partner to agree. They help you speak with each other and understand each other's situation. Their goal is to help you both compromise and agree on things.
If you can't agree with your mediator's help, you work with an arbitrator.
An arbitrator is a person trained in family law. Many arbitrators are lawyers. They could also be other professionals, like psychologists, with special family law training.
If you and your partner cannot agree, your arbitrator decides your issues. An arbitrator's decision is called a .
You and your partner decide if your mediator and arbitrator are different people, or the same person.
You need (ILA) in order to agree to the process.
Your lawyer doesn't have to go to mediation or arbitration with you. They can advise you on:
- how the law applies to your situation
- your mediation-arbitration agreement
- how signing a changes your rights