Frequently Asked Questions on Family Law Mediation and Mediation/Arbitration
1. Why is Family Law Mediation or Mediation/Arbitration often superior to resolving disputes through court?
The answer lies in three key advantages: it’s faster, cheaper, and better.
These processes provide families with control, flexibility, and privacy that traditional court systems often lack.
2. How is Mediation/Arbitration faster than going to court?
Court processes are often lengthy due to heavy caseloads and limited court dates.
Mediation or Arbitration can be completed quickly—depending on the availability of the spouses and the Mediator/Arbitrator.
There’s no waiting for court schedules or dealing with adjournments beyond the parties’ control.
3. Why is Mediation/Arbitration more cost-effective?
Courts use a rigid, document-heavy approach that can be expensive.
In Mediation/Arbitration, the spouses and Mediator/Arbitrator customize the process to suit their situation.
The process can be brief or detailed as needed, significantly lowering legal and administrative costs.
Reduced lawyer involvement and shorter timelines lead to major savings.
4. What makes the outcomes better than those from court?
Enhanced control: Spouses actively participate in selecting the Mediator/Arbitrator, shaping the process, and influencing outcomes.
Consistency: One professional handles the entire matter, ensuring a deep understanding of all issues.
Creative solutions: Mediation/Arbitration allows “win-win” outcomes tailored to the family’s unique circumstances.
Privacy: Unlike court, these processes are private and confidential, protecting families during sensitive times.
5. Who can serve as Mediators or Arbitrators?
Qualified Mediators and Arbitrators are typically:
Experienced family law professionals or retired judges.
Specialists with formal training and certification in mediation and arbitration.
Professionals bound by strict codes of ethics, ongoing education, and impartiality standards.
6. What is the step-by-step process?
Phase 1: Mediation
Both spouses agree to work with a qualified Mediator/Arbitrator.
A Mediation/Arbitration Agreement is signed, outlining scope and process.
Parties disclose relevant documents and information.
Mediation sessions encourage negotiation and mutual understanding.
Agreements reached are documented for signing.
Phase 2: Arbitration (if needed)
Unresolved matters move to arbitration.
A more formal hearing may include witness testimony.
The Arbitrator issues a binding Award.
The Award can be filed with the court for enforcement if required.
7. Are there situations where these processes may not be appropriate?
Yes. Mediation or Arbitration may not be suitable for:
Cases involving domestic violence or significant power imbalances.
Situations where mental health issues affect decision-making.
Complex corporate or valuation disputes needing expert analysis.
Urgent matters requiring immediate protective orders.
8. Do I need a lawyer for Mediation/Arbitration?
While not mandatory, Independent Legal Advice is strongly recommended:
Before signing any agreement.
During complex legal discussions.
Before finalizing settlements or awards.
9. How are the costs structured?
Mediator/Arbitrator fees are usually hourly and shared between spouses.
Legal fees are reduced due to simplified and shorter processes.
Administrative costs are minimal compared to court filing fees.
Overall, total expenses are significantly lower than court litigation.
10. Are the agreements and awards legally enforceable?
Yes.
Mediated agreements can be turned into binding contracts or filed as court orders.
Arbitration awards are final, binding, and enforceable once filed in court.
Appeals are only allowed on very limited grounds.
11. Is participation voluntary?
Yes. Both spouses must agree to use Mediation or Mediation/Arbitration.
If one party refuses, court proceedings remain the only option.
12. What are the main benefits in summary?
Faster resolution with no waiting for court dates.
Lower costs through customized and efficient procedures.
Better outcomes with creative, private, and family-centered solutions.
Binding results that still maintain fairness and enforceability.