Mediation and Arbitration

1
Mediation and Arbitration

• Fundamental Constituents of Family Law

2
Understanding Mediation

• What is Mediation?
• A settlement of a dispute/controversy, concerned
  with matters of divorce.
• Involves an unbiased third-party who can give an
  unbiased opinion on the matter to settle the
  discord arising in the matters of divorce.

3
Understanding Mediation

• Why Mediate in Divorce Matters?
• Settlement through mediation and arbitration
  allows the parties to come to terms with a
  divorce agreement together, without the influence
  of a judge or jury.
• Besides the process
• Saves time
• Looks at the situation with an unbiased
  perspective
• Ensures cost-efficiency in proceedings

4
Understanding Mediation

• Why Mediation is Essential in Matters of Child
  Custody?
• When adults with children seek divorce, mediation
  is a preferred
• way of settlement because
• It is Non-Adversarial.
• It is a decision reached by consent of both
  parents/parties.
• It is an unbiased decision.
• The process is blame free.
• The process takes into account the future of
• the child in hands of a parent.
• The process is focused on reducing conflict and
  stress for the
• divorcing party as well as for their
  child/children.

5
Understanding Arbitration

• What is Arbitration?
• Atrial held by an unbiased third party, so as
• to avoid a court trial.
• Is conducted by a single person or a panel of
• people who are not judges. 

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Mediation and Arbitration

• How Do Mediation and Arbitration Differ?
• During mediation, a neutral party, referred
• to as the mediator, helps spouses negotiate
• an agreement.
• In arbitration, the arbitrator listens to both
  sides
• of the issue and then makes his or her own
  decision
• on the settlement without the inclusion of
  the spouses.

7
Seeking a Mediator

• Whom to Consult in Matters of Divorce/ Mediation?
• In matters of family law, such as in the case of
• divorce and related concerns including child
  custody,
• a family law attorney can act as an expert
  mediator.
• A Family Law Attorney
• Is an expert with logical and sentimental
  knowledge
• related with divorce matters.
• He/she keeps matters confidential and maintains
  privacy.
• He/she can settle disputes and misunderstandings
• without being biased.

8
Thank You