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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 21:36, 20 June 2019
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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 <span class="noglossary">will</span> always fail. It sometimes makes sense to include a way of resolving any issues that can't be agreed to, 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 ''mediation-arbitration'', sometimes shortened to ''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 <span class="noglossary">will</span> always fail. It sometimes makes sense to include a way of resolving any issues that can't be agreed to, 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 ''mediation-arbitration'', sometimes shortened to ''med-arb''. | ||
In a med-arb process, the parties sign an agreement that commits them to the mediation process and describes what <span class="noglossary">will</span> happen if agreement can't be reached. The agreement should say whether the mediator <span class="noglossary">will</span> use information from the mediation phase to make decisions in the arbitration phase, and how other evidence <span class="noglossary">will</span> be presented in the arbitration phase. It's really important to understand what <span class="noglossary">will</span> trigger the end of mediation and the beginning of arbitration, and whether the mediator <span class="noglossary">will</span> have the power to make decisions as an arbitrator on all of the issues or just some of them. | In a med-arb process, the parties sign an agreement that commits them to the mediation process and describes what <span class="noglossary">will</span> happen if agreement can't be reached on particular issues. The agreement should say whether the mediator <span class="noglossary">will</span> use information from the mediation phase to make decisions in the arbitration phase, and how other evidence <span class="noglossary">will</span> be presented in the arbitration phase. It's really important to understand what <span class="noglossary">will</span> trigger the end of mediation and the beginning of arbitration, and whether the mediator <span class="noglossary">will</span> have the power to make decisions as an arbitrator on all of the issues or just some of them. | ||
===Parenting coordination=== | ===Parenting coordination=== | ||