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Knowing about mediation and other forms of arbitration

| Apr 28, 2021 | Divorce

Couples whose marriages are ending usually have been through enough. The last thing most San Francisco couples who are heading for a divorce want is more anguish. An ideal solution to quell the emotional fires might be to consider the mediation process. 

3 types of dispute resolution 

In addition to mediation, there are two other forms of dispute resolution: arbitration and litigation. Choosing the right avenue may be confusing to some couples, so clarifying what each means may be helpful. If a couple and their independent legal teams fail to come to a resolution in a divorce situation, there are these other avenues.  

Mediation and arbitration 

In mediation, the soon-to-be former couples comes to decisions on their own with the neutral help of a third party. During these mediation sessions, the individuals can make their feelings known and explore their objections and come to a sustainable, voluntary but nonbinding resolutions. Arbitration, on the other hand, has a third party who acts as a judge to resolve disputes. What an arbitrator decides is binding, confidential and cannot be appealed. 

The third and most familiar and costly method of arbitration is litigation  going to court in front of a judge or a judge and a jury. This method can be very costly and time-consuming, but may be necessary. In any case, obtaining legal advice from a San Francisco family law attorney on whether mediation, arbitration or litigation is the way to move forward in a divorce, may be the wisest thing to do.     

 

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