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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
Revision as of 00:36, 28 March 2013
, 00:36, 28 March 2013→Using Mediation and Arbitration Together
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Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family law arbitrators." They have to have practised as a lawyer for ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators will usually advertise that they are both litigators and arbitrators. More information about the training requirements of family law arbitrators is set out in the [http://www.lawsociety.bc.ca/page.cfm?cid=2578&t=Code-of-Professional-Conduct-for-British-Columbia-%E2%80%93-Table-of-Contents Law Society of BC's Code of Professional Conduct - Appendix B] available on the Law Society of BC's website. | Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family law arbitrators." They have to have practised as a lawyer for ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators will usually advertise that they are both litigators and arbitrators. More information about the training requirements of family law arbitrators is set out in the [http://www.lawsociety.bc.ca/page.cfm?cid=2578&t=Code-of-Professional-Conduct-for-British-Columbia-%E2%80%93-Table-of-Contents Law Society of BC's Code of Professional Conduct - Appendix B] available on the Law Society of BC's website. | ||
===Using | ===Using mediation and arbitration together=== | ||
Mediation has lots to recommend it. It's cooperative, it's based on discussion and compromise, and its goal is to reach a settlement by consensus. However, without that last ingredient, consensus, mediation will always fail. It sometimes makes sense to include a way of breaking an impasse, and that might mean giving the mediator the power to resolve a stalemate by imposing a decision like an arbitrator. This hybrid approach to mediation and arbitration is called "med/arb." | Mediation has lots to recommend it. It's cooperative, it's based on discussion and compromise, and its goal is to reach a settlement by consensus. However, without that last ingredient, consensus, mediation will always fail. It sometimes makes sense to include a way of breaking an impasse, and that might mean giving the mediator the power to resolve a stalemate by imposing a decision like an arbitrator. This hybrid approach to mediation and arbitration is called "med/arb." | ||