Often clients take a moment before they decide between choosing the three forms of resolution; mediation, trial, and arbitration. It can be regarding divorce, child custody or your parental rights. Either way, you should be equipped with complete knowledge of all the alternatives to make the best-informed decision for you and your child.
Everything to know about mediation
In this video, “mediation” out of the three options is stressed upon the most. It is a procedure to reach a settlement using the assistance of an impartial third party. However, it would be inaccurate to consider this neutral person as a private judge. The mediator is an individual who has an arsenal of negotiation techniques along with persistence, patience, and common sense. He/she is a facilitator and enjoys no power to exercise a resolution.
Instead, they help two conflicting parties; in this case, these would be two spouses or ex-spouses, who might not be in a state to decide logically at that point in time. The mediator is assigned to go back and forth between the couple to bridge the gap between them and use subtle diplomacy to advise both sides to reach a mutual decision.
In many cases, the mediator cap is worn by an attorney, although no legal advice can be given. The process initiates with a joint meeting, followed by individual private sessions with each party until a unanimous solution is agreed upon. Remember, this gathering does not necessarily have to be a formal one.
If you want to get divorced right away or need any legal service, hire an attorney to eliminate any chances of inconvenience. Managing Partner Tyler Monahan, of Turner Monahan PLLC is a Fort Worth divorce attorney who can help you cover all the basics related to these matters and assist you in identifying a suitable medium for finding out crucial information.
How can a trial help to reach a solution?
A trial is a procedure that two feuding parties undertake mainly when they fail to settle in any other way. Here the case is taken to court in front of a judge or jury. It is a structured process that occurs in a formal setting where the jury is presented with facts and evidence to shed light on the case. The decision made is usually unappealable, and you have little to no control over the situation.
What is arbitration, and how does it work?
An arbitrator is the third party hired by two conflicting parties to adjudicate a situation privately. Nonetheless, the decision-making power rests with the arbitrator, and in most cases, it is non-appealable and final.
The arbitrator is appointed by the court. Arbitration is similar to a trial but is less formal. Here, witness testimony and evidence are used, which are decided by as many as three arbitrators. The privacy you receive is similar to that you get during mediation. Arbitration occurs in private spaces like offices.
Mediation vs. Arbitration vs. Trial.
When a couple is trying to negotiate on a conflict, the most suitable option is mediation. It can help you by making conversation with your opponent easier in the future and preventing the situation between your ex-partner from getting hostile.
Let us evaluate each of the alternatives against some of the crucial and influential factors.
Creativity and control
The beauty of mediation is that both the involved parties get to control the situation and environment. The mediator helps to reach a mutual understanding, but the final authority remains with you. It is always recommended that you keep your future and your child’s future in your own hands. If you have a child or children, settling parental differences via mediation is highly recommended.
If a case is taken to court, remember that you will not be getting the freedom to choose your judge, the time, or any part of the solution. The jury already has “suggested plans,” and even if your situation does not fit into the existing criteria of these plans, you might still end up being ordered to adhere to them.
Arbitration is better than a trial, although the final decision still remains with the arbitrator, and you will have to agree to it even if it is not the most convenient.
Privacy
Mediation and arbitration both respect your privacy, and your personal issues remain within the four walls of the discussion room. When the matter is taken to court, even the sensitive issues are discussed openly, and accessing this information is fairly easy by the public. This poses a risk of hurting your reputation. Why would you want to air your dirty laundry when any problem can be resolved in a civil manner?
If you are in the midst of a divorce and need help with mediation, learn all about it here Four Tips To Get Prepared For A Divorce Mediation?
Contact a Divorce Attorney in Fort Worth, Texas
Regardless of which alternative you decide to settle with, choosing a competent attorney is crucial to help you negotiate. The attorney will provide you with his expertise and try to resolve the conflict in the most rational and convenient method.
Do you have a conflict going on with your ex-partner and cannot resolve it among yourselves? Let Turner-Monahan help you out.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
