Mediation/Arbitration is a process of dispute resolution in which parties to a conflict agree to refer their matter to a trained, impartial and neutral third party.
The parties first attempt to resolve their dispute in an amicable manner through mediation. In the event they are unable to reach a mutually acceptable resolution in mediation, an arbitration hearing is conducted and the parties are bound by the decision of the neutral third party (the arbitrator).
It is your choice whether the same neutral party conducts both the mediation and, if necessary, the arbitration. The experience of Jones Divorce Mediation Inc. is that most clients choose to have the same neutral party perform both functions for consistency and to simplify the arbitration.
Mediation/Arbitration combines the advantages of both mediation and arbitration. Parties work toward a creative, customized solution where they remain in control of the result. However, in the event they are unable to achieve a mutually agreeable resolution, they refer outstanding issues to arbitration and agree to be bound by a decision reached by the arbitrator.
This is likely the most cost effective option available because the arbitration phase essentially acts as insurance for a timely resolution without the risk of the costs, conflict and turmoil associated with a prolonged litigated dispute. The entire process is confidential and flexible and offers consistency and personal attention. Parties work with professionals who have the extensive legal training and experience in family and divorce law required to resolve their matter appropriately.
Mediation/Arbitration offers a solution that is the best of both worlds. While the goal is to reach a harmonious agreement in mediation, should that not be possible, an immediate end to the dispute will be provided through arbitration.