Mediation & Arbitration

Mediation / Arbitration

Mediation

A mediator is a neutral third person who helps the two parties in a divorce resolve issues such as asset division, child custody and support, and maintenance out of court.  Mediation can be particularly useful when only a small number of issues remain to be resolved to reach a divorce settlement.  In many judicial districts, mediation is required before a case is allowed to proceed to trial.

The mediator could be a lawyer or another professional.  If the issues involve parenting or child custody matters, the mediator could be a mental health professional.  If the issue is financial, a mediator could be certified public accountant.  A former or retired judge could serve as a mediator.  Our lawyers at the Steele Law Firm also serve as mediators or settlement masters.

Mediation is not binding on either party unless a signed agreement is reached, and either party can proceed to litigate the issues in court if no resolution is reached.  However, judicial decisions can be unpredictable, so it’s often better to attempt mediation first.  A skillful lawyer can discuss with the party, before and during mediation, the pros and cons of various settlement options.  The parties frequently have their lawyers attend mediation sessions with them.

Arbitration

Like a mediator, an arbitrator is a neutral third party who assists in resolving disputed issues.  Unlike mediation, arbitration is binding as to the issues decided and an arbitration proceeding can be much like a trial, although it does not take place in a court room.

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If you have any questions about Mediation or Arbitration, or to learn more about how we can help you, call the Steele Law Firm at (312) 893-5888.