Moving beyond conflict

two people meeting

Come to an agreement with neutral support

When it is difficult to resolve family matters because of conflict, mediation or arbitration can be the answer. Sometimes, a combination of these two approaches is the best solution. Our lawyers are also trained mediators and arbitrators who can help you and the other person involved explore mutual interests to help you reach an agreement. These approaches are suitable for family issues ranging from property division to cohabitation agreements.

How mediation work

  • You and the other party agree to have a neutral mediator help you move past conflict to reach an agreement. 
  • Your mediator will help you identify and prioritize key issues to settle.
  • You will negotiate matters through guided discussions to reach a mutually satisfactory resolution.
  • Once you have achieved your resolution, we will draft an agreement for review by your respective lawyers, who are unrelated to your mediation process and who will provide you with independent legal advice.

How arbitration works

  • You and the other party agree to have an arbitrator make a decision or award in the same way that a judge would in a court proceeding.
  • Each party presents their case to the arbitrator who makes a legally binding decision based on the information.

How mediation and arbitration (med-arb) works

  • You and the other party agree to have a neutral mediation professional help you move past conflict to reach an agreement as outlined above.
  • If you are unable to reach an agreement, the mediator will switch roles to act as the arbitrator and make a legally binding decision.

Is mediation, arbitration or med-arb right for you?

Mediation works well under the following conditions:

  • You both agree to work with a neutral mediation professional.
  • You agree to keep your family matters private by staying out of court.
  • Although you disagree with each other on some things, you can have an open conversation.

 

Arbitration works well under the following conditions:

  • You both agree that it would be difficult for you to come to a resolution by mutual agreement.
  • You agree to a neutral arbitrator making a legally binding decision on your behalf.
  • You agree to keep your family matters private by staying out of court.

 

Med-Arb works well under the following conditions:

  • You agree that it might be possible to reach a mutual agreement with the help of a neutral third party, but that you will switch to an arbitration process if you are unsuccessful.

Think mediation or arbitration is the right choice?

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