DO YOU KNOW THE DIFFERENCE BETWEEN MEDIATION ARBITRATION AND LITIGATION DURING DIVORCE PROCEEDINGS

1. DO YOU KNOW THE DIFFERENCE BETWEEN MEDIATION, ARBITRATION, AND LITIGATION DURING DIVORCE PROCEEDINGS? When a couple plans to make separate ways and decides to get separation from each other, then the only option is to take a divorce. Divorce involves a lot of agreements as prepared by Kanata Law Firm that includes dealing with the assets, outstanding debts, division of property, custody of the children, visitation schedule of the child, matrimonial property, and much more. It is not as easy a process as it appears, as it may take a longer time period than expected. When it comes to divorce there are three potential ways that often create confusion and are misunderstood by many which are basically part and parcel of the divorce settlement. These are mediation, arbitration, or litigation which are often interlinked. Divorce can be attained by following all or a combination of all of these methods.

2. It is recommended to consult with Kanata Family Lawyer for a divorce settlement and to decide which methods out of the three could be the best and most suitable depending upon the condition and the situation of the couples. Let us discuss all of these three methods in detail. Mediation Mediation refers to a process wherein the couple along with the Kanata Family Lawyer tries to find a solution to the conflict or the problem that arises between them by settling the terms among their own. It involves deciding and settling on the agreeable terms that are acceptable by both parties to the matter. To do a successful mediation, it is necessary that both parties are willing to compromise and are ready for the settlement of the issue. This is because the mediator will no force any party for the settlement. The process of mediation involves the meeting of the parties at an agreed time and place along with the divorce lawyers hired by them and the mediator. Although, the parties may also appear independently during the mediation process, however, it is recommended that each party must hire separate Kanata Family lawyers. During mediation, when the parties are not able to amicably resolve the issue, then instead of meeting together in one room, it is better for the parties to either meet the mediator separately or stay in separate rooms while their respective lawyers will convey the message to the mediator. This way a suitable agreement can be achieved and accepted by the parties as the matter can be resolved out to the court. Arbitration Arbitration on the other hand refers to a process when couples fail to agree upon any specific conflict even after undergoing the process of mediation. The arbitration is a process wherein the couple and their respective Kanata Family lawyers have a meeting with a non-biased arbitrator who is a third party to the matter.

3. The arbitrator participates in resolving the issue by listening to the arguments of both the parties to the conflict and then arriving at the best decision possible for the couple. The decision of the Arbitrator is binding on both parties and is similar to the decision of the court of law. The main advantage of resolving the issue with arbitration is that the parties do not have to appear in court if the law or in front of a judge. Besides, It is also a faster process wherein the parties can easily control what issues they want to resolve and how the Arbitrator can deal with them. In various cases, where the issue cannot be resolved with the help of mediation, then the same mediator can hear the arbitration. The only disadvantage of arbitration is that the parties have to pay as fees to the arbitrator, which is not so in the case of mediation. Also, you need not pay any fee to the Judges of the court. Litigation Litigation is known as the process that is used where the parties to the dispute have failed to arrive at an amicable solution and agreement during the process of mediation or arbitration. Litigation is also chosen by the parties, where they feel that it is better and easier to go directly to the courts of law. In the Litigation process, the conflict between the parties is argued in the court of law in the presence of the Judge wherein the Judge hears the arguments of both the parties as represented by their respective Kanata Lawyers. Once the judge hears all the arguments made by the lawyers of both sides, the Judge will give his verdict in the form of order or judgment that is binding on the parties and his decision is final. Although, the parties have a right to appeal to the superior court in case they find any error of facts of law in the order of the lower courts.