Mediation/Arbitration can be very cost effective, in comparison to lengthy litigation proceedings. Lawyers are paid by the amount of time spent on a file and, therefore, lengthy litigation tends to be exceedingly expensive despite the fact that parties share the cost of the independent third-party in Mediation/Arbitration whereas a court Justice’s salary is paid by the government.
The setting for mediation is relaxed and informal in comparison to litigation proceedings. As a result, it is less intimidating.
SELECTING YOUR DECISION MAKER
In a Mediation/Arbitration process the parties select the Mediator/Arbitrator. When you go to court to get whatever justice happened to be assigned to your courtroom, which means that your matter may be heard by a Justice that has never practiced any family law when he or she was a lawyer. That Justice’s background could be in criminal law, employment law, corporate or tax law, etc. When you go to Mediation/Arbitration you agree on who the decision-maker will be.
The mediation process is confidential and held in private thereby avoiding exposure of the conflict, and any related information through the formalized filings that are required in the public court system.
You and your ex first have the opportunity to reach an agreement in the mediation phase that in the event you are unable to do so the independent third- party would render a binding decision. As such, there is a guarantee that you will end your dispute in a relatively timely manner, unlike a pure mediation process that may be concluded with outstanding issues in the event the parties cannot agree.
Litigation involves numerous court appearances, all of which are before different Justices. Mediation/Arbitration involves only one independent third party who will hear your entire matter. As a result, there is consistency in decisions, familiarity with the issues, background and parties, which also helps reduce costs by lawyers not having to reiterate the same information over and over.