mediation, arbitration, and direct negotiation
what is arbitration?
Arbitration is an alternative to going to court when divorcing couples are at a standstill in their negotiations. Divorce Arbitration is a type of divorce trial (called an arbitration hearing) where your case is heard in a private setting before an Arbitrator.
At Strata Law Group, we have assisted many clients through the Arbitration process.
how does arbitration work?
In Divorce Arbitration, an attorney represents each spouse, and the parties agree upon an Arbitrator. The parties then present the specific issues preventing resolution to the Arbitrator.
After a full hearing, often involving testimony and the use of expert witnesses, the Arbitrator makes a decision, called an award, on the specific disputed issues. Except as it pertains to parenting issues, the Arbitrator’s Award, in most cases, cannot be appealed. This is different than trial in superior court, where appeals are permissible.
what are the benefits of divorce arbitration?
- Couples have the option to select an Arbitrator who has specific experience in an area of interest (i.e. taxes, asset value or management, child custody, etc.).
- Couples define the specific issues addressed by the Arbitrator.
- Couples define what procedure will be followed and how long the Arbitrator will have to make a decision.
- Couples pick the day, time, and location of their hearing.
what is mediation?
Mediation is a method for negotiating an acceptable agreement without going to court. You and your spouse or partner make decisions together, assisted by a trained mediator, with the goal of reaching an agreement tailored to your particular circumstances, efficiently and cost-effectively.
While you control the pace of the process, an important role of the mediator is to keep all parties on task for reaching an agreement. They also assist in assessing the practicality and fairness of the proposed resolutions.
At Strata Law Group, we have assisted many clients through the Mediation process, resulting in agreements that work for our clients and their families.
why is mediation a popular choice in resolving divorce issues?
Many divorcing couples chose mediation as a way to save money and stay out of court. Your rights will be just as protected as they would using any other divorce method. A neutral mediator does not take sides, but rather is concerned with facilitating an interest-based resolution. A neutral mediator may not give legal advice.
is mediation the right choice?
Mediation is required for all cases before trial. There are many types of mediations, ranging from you and your spouse sitting down with a mediator, to you and your spouse and your attorneys sitting down with a mediator, to a mediator shuttling between two rooms separating you and your spouse. Which method you use depends upon how well you and your spouse can communicate with each other.
If you and your spouse use Strata Law Group mediators, we will work with you to compile your financial information and to formulate an agreement to divide your assets, determine support, and define your residential time with your children. Your Strata Law Group mediator will encourage you and your spouse to each have your own attorney to ensure your interests are well represented and to have your attorney draft the final agreement for you.
If you are a client of Strata Law Group and your spouse is the client of another firm, then we will work with you to gather the materials needed for mediation with a trained mediator, and will either consult with you as you engage in mediation or will attend mediation with you as your advocate. Your Strata Law Group attorney will assist in drafting final documents.
Direct Negotiation is when couples work out the separation on their own, with limited attorney interaction. This is the most cost effective route, but does require that all parties are amicable, transparent, can easily agree on all issues, and have the same end goals in mind.
Even when using direct negotiation to resolve a divorce, we recommend that couples each engage a lawyer to review the final documents.
our arbitration, mediation and direct negotiation professionals:
Pulling from her rich background of experience, Alexandra (Xana) provides outstanding advocacy and counsel to family law clients.
With over 20 years of experience as a family law attorney and litigator, Alexis is a Founding Principal at Strata Law Group.
Shannon works diligently with each client to identify their goals, which ultimately shapes and drives the strategy of their representation.