FAQs - Mediation, Arbitration and Collaborative Family Law

The product of mediation is presumably a separation agreement. A separation agreement that is signed, dated and witnessed becomes a valid and enforceable contract that is binding on the parties

It depends on the mediator used, the number of sessions needed and whether or not the parties decide to obtain counsel to represent them during the process. The only definite response that can be given is that mediation is less costly than court as the personal, informal and incredibly focalized nature of this method of dispute resolution allows for a quicker conclusion than dragging the matter through the court system.

The difference between collaborative family law and arbitration is primarily that in collaborative four-way meetings the spouses are the individuals empowered with the ability to discuss the issues and make all decisions relating to their situation.

Arbitration is a method of alternative dispute resolution that most closely resembles the court process. Prior to engaging in arbitration the parties must sign an arbitration agreement, in the presence of a lawyer, stating that they waive their right to go to court and litigate the issues in question.