Divorce mediation and arbitration
What is mediation?
Mediation is a collaborative process that encourages couples to work together to reach resolutions for disputes and agree settlements that are fair and mutually beneficial. Facilitated by an impartial third party, known as a mediator, the process prioritises open communication, active participation, and compassionate compromise. Both parties are guided through constructive discussions to find solutions, avoiding the added stress of court proceedings.
While Hamblin Family Law doesn’t offer mediation or collaborative law services in-house, we can recommend excellent practitioners in London and throughout the UK, all while supporting you in the background as you explore these options.
A couple deciding on child arrangements can use mediation to work out a fair solution without the stress of a public courtroom. With the mediator’s help, they can agree on a child arrangement schedule that works for both of them. Mediation helps them avoid a lengthy court battle and maintain a co-operative relationship for co-parenting.
What is arbitration?
This dispute resolution method provides a more formal framework for resolving conflicts while avoiding the formalities, expenses, and stress of lengthy court proceedings. Each couple will present their cases to an appointed arbitrator. Unlike a mediator, the arbitrator will make a binding decision relating to a dispute based on the evidence provided, which will then be upheld and enforceable through court where necessary.
Here at Hamblin Family Law, our London-based lawyers are highly experienced in arbitration, and we believe that this is the most efficient and stress-free solution if you are looking for dispute resolution.
If a couple can’t agree on how to divide their marital home and savings, they may choose arbitration instead of going to court. They will present their arguments and financial documents to a neutral arbitrator who acts like a private judge. After reviewing everything, the arbitrator makes a binding decision. Unlike mediation, they have no further negotiations – the arbitrator’s ruling is final.
Which method is right for your divorce?
| Mediation | Arbitration | |
|---|---|---|
| Process | A neutral mediator facilitates discussions to help spouses reach a mutual agreement, normally without legal representation. | A neutral arbitrator hears both sides' legal representatives and ultimately makes a binding decision. |
| Decision-making | Both parties make the final decision with guidance from a mediator. | The arbitrator makes the final decision. |
| Legally binding? | No, unless both parties agree to formalise the agreement in court. | Yes, the arbitrator’s decision is legally binding. |
| Cost | Generally lower than arbitration or going to court where an agreement is likely to be reached. | More expensive than mediation in the first instance, but usually cheaper overall in a case that is going to need a final determination as it is far quicker than engaging in court proceedings. |
| Time | Typically quicker than arbitration or going to court but does require agreement to be reached. | May take longer than mediation, but if agreement is not going to be reached it will be the quickest route of reaching a final determination. |
What are the benefits of divorce mediation and arbitration?
- Greater control over outcomes
- Confidentiality
- Faster resolution
- Cost-effectiveness
- Reduced stress
- Helps safeguard future inter-family relations
Divorce mediation process:
- Initial meeting with the mediator
- Identifying key issues and needs
- Negotiating and proposing solutions
- Agreement reached or further discussions scheduled
Arbitration process:
- Both parties must agree to arbitrate
- Selection of arbitrator and agreement of timetable
- Presentation of evidence at various private hearings.
- Arbitrator makes a binding decision
FAQs
- In mediation, you don’t need a lawyer, but you can consult one for legal advice in the background, or in some cases, they will join the meetings.
- In arbitration, lawyers are often involved because the process is more structured like a court case.
We believe that arbitration is the most effective way to resolve a divorce dispute. Our experienced lawyers can support you each step of the way towards the best solution for you and your family.
While Hamblin Family Law doesn’t offer mediation or collaborative law services in-house, we can recommend excellent practitioners in London and throughout the UK and support you in the background while you explore these options. Contact us today to set up an initial free consultation to find out more.
