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Mediation is an alternate dispute resolution process. The parties work directly with a mutually acceptable mediator to try and resolve disputes and address unresolved issues. The parties are not required to be represented by an attorney during this process, however most are. It is usually a voluntary process. However, under new court rules, the court may order parties into non-binding facilitative mediation. Disputes settled through mediation have a much higher chance of the parties following the agreement. Mediation can save the parties time and money and avoid an emotionally taxing trial experience.
Arbitration is a voluntary alternate dispute resolution process. It works much like mediation, except when the parties can not agree, the arbitrator decides how unresolved issues will be settled. The arbitrator's decision is final and binding. This process saves the parties time and money and allows them to avoid the trial process. The main disadvantage is that the decision is generally not appealable.
Yes, in most cases. Under the new court rules, a family court judge can order the parties to participate in non-binding facilitative mediation. If there has been a history of violence in the marriage, the judge will usually determine that the case is not fit for mediation.
No. However, many parties choose this option to save money and avoid a lengthy and emotionally taxing trial.
No. This would place the attorney in a conflict of interest situation.
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