Mediation vs. Arbitration
Mediation and arbitration aim for the same goal, which is resolving disputes between parties, but both legal processes are very different in terms of the procedures.
Mediation is a voluntary process that both parties must agree to. The goal is to arrive at an outcome that both parties are happy to accept. In mediation, the process is a negotiation rather than a hearing, with both parties reaching a mutual resolution with the assistance of the neutral facilitator. Mediators do not render awards, find fault or make determinations during this process. Instead, mediators help communicate, assess, obtain relevant information, and develop opinions. The main focus of mediation is on the parties, helping them work towards a mutually beneficial solution. They can include out-of-court negotiations.
The mediator will meet with each party separately to learn about their issues before preparing an agenda that will serve both parties' requirements. The procedure often requires three to four meetings, during which the parties sign a written agreement acceptable to both sides and resolve their conflict.
People often prefer mediation as it is emotionally and financially less taxing and can lead to faster resolutions. Mediation also helps both parties have better communication and understanding of each situation. Julie I. Guindon is a mediator in Ottawa, offering her services to help parties reach a solution to their problems without going to court. If you think you need mediation services, let us know. We’ll be happy to assist you.
In arbitration, the arbitrator is a neutral entity that hears the evidence and makes an award that is binding upon the parties. In this way, arbitration is similar to the court process, with both parties providing testimony and giving evidence. Arbitration is generally more formal and usually involves little or no out-of-court negotiations between parties. Arbitrators can be called upon to settle disputes over spousal support, child support, child custody and access, and property split.
If you think neither of these will work for your case, Julie I. Guindon also offers mediation-arbitration, a hybrid solution wherein the process begins with mediation.
Contact a Mediation Lawyer in Ottawa
Mediation can be used for family law matters such as divorce. This service can help relieve tension between parties and reduce hostility. The mediator commonly goes back and forth between the parties, discussing the dispute and exploring mutually beneficial resolutions. This allows each party to have the opportunity to control the result and be part of the resolution.
Most disputes are successfully resolved, ending with the parties entering a written settlement agreement. Both parties share the costs of mediation, and if they are unable to reach an agreement, they can still go to court. If you think that mediation is the best way to reach a resolution for your dispute and are looking for a dependable mediator in Ottawa, contact Julie I. Guindon.