Mediation or Arbitration

A court hearing is not required for a divorce or legal separation to determine how property will be divided, who will have custody of the children, and how frequent visitation can take place. However, a court hearing to decide the details of a divorce is not an option and is considered the last resort.

Alternative dispute resolution (ADR) options such as mediation or arbitration can be used to help both parties reach a solution they can live with privately and without causing any conflict. A hearing in family court may be required in some states.

What is Mediation?

Mediating is where an impartial professional assists both sides to reach mutually acceptable solutions to their issues regarding divorce or separation. Mediators are impartial professionals who help both sides discuss their desired outcomes, but they don’t make any decisions. Your mediator will draft a memorandum to understanding, which is non-binding.

Mediation is a cost-effective way to end a marriage. You don’t need to hire legal counsel to facilitate mediation. A mediator must be impartial and not offer advice to either side.

Mediation can be used to resolve some issues first, and then you can take the remaining issues to an arbitrator.

What is Arbitration?

Arbitration may be the best alternative if you and your partner are unable to agree on the outcome. Arbitration allows for binding judgments, whereas mediation is not binding. First, you and your partner must agree on who the arbitrator will be. He/she will act as a private judge. The arbitrator does not have to be a judge. They could also be an accountant or attorney.

Arbitration can be a trial-like process where each party may present evidence or employ witnesses to support their case. It is more contentious than mediation and feels similar to a trial. It is important that the arbitration agreement adheres to all requirements. To make your arbitration agreement legally binding, it must be approved by a public judge.

Pros of mediation and arbitration

These can help you save both time and money. A divorce proceeding in court can take up to a year. Alternative dispute resolution may be able to end your divorce proceedings in a matter of weeks. Avoiding trial, even if you retain legal counsel, can help preserve assets. The legal costs for appearing in court may be significant.

They keep family matters private. Public records can be made public if there …

Shanmugam: Singapore Convention on Mediation more important amid CoVid-19 Pandemic

SINGAPORE- With the Covid-19 pandemic, growing geopolitical tensions in Asia, and trade protectionism issues driving up disputes, there is more need for a reliable dispute resolution process now.

According to him, the Singapore Convention on Mediation takes on greater importance in this situation. The international trade dispute agreement of the United Nations came into effect in September 2013.

54 countries have signed the convention, while seven have ratified it.

Shanmugam expressed his hope that more countries would be joined, as the effectiveness or otherwise of the convention rests on the number and quality of ratifications.

“Covid-19 showed us how fast disputes can occur, and how unexpected certain circumstances can be that may lead to disputes,” he spoke at the UN Commission on International Trade Law Academy. This two-day mostly online conference was the main event of the Singapore Convention Week.

He stated that, in the wake of the Covid-19 Pandemic, many businesses had difficulty meeting their contractual obligations. And, assumptions made before the pandemic also have changed.

The world has seen increased civil unrest and political instability, rising geopolitical tensions, and more trade protectionism.

These trends have lead to fractured international markets, higher volatility business environments, and greater commercial risk for businesses, according to Mr Shanmugam.

“What’s occurring now is devastating to economies across the world. He also said that consumers and companies will be paying the price.

Mr Shanmugam observed that the Singapore convention would make mediation more efficient, less effective, and provide more certainty.

“It gives parties a lot more confidence that mediation can help to resolve cross-border dispute. It facilitates commerce and trade. This is also good for the global economic system.

Convention on International Settlement Agreements Based on Mediation is also known as United Nations Convention on International Settlement Agreements. It makes it easier for mediated arrangements to be enforced by acceding governments.

A settlement agreement that was made in one nation may not be recognized in another. Therefore, the parties would need a treaty to make it valid.

Mr Shanmugam revealed that Singapore will be working with UNCITRAL on enhancing the utility of Singapore’s Convention on Mediation and providing technical assistance for countries.

The UNCITRAL Academy’s Wednesday closing ceremony features panel discussions and fireside chats with top business and mediation professionals.

Anna Joubin – Bret, UNCITRAL secretary, made the opening dialog on Tuesday with Edwin Tong, Minister For Culture, Community and Youth.

She explained that …

Quebec launches pilot project to provide youth protection mediation services for no cost

MONTREAL — A pilot project launched in Quebec encourages parents to seek out mediation and other solutions for the benefit of their children.

Simon Jolin-Barrette, Justice Minister, and Lionel Carmant, Junior Health Minister, made the announcement Monday in a release. They said that the mediation service could improve child protection intervention, such as in cases where disputes arise within the families involved in custody cases.

Jolin-Barrette stated that the project will encourage parents outside of the court to find solutions, which can often have negative consequences for their children.

Jolin-Barrette stated that it was a non-judicial way to serve the child’s primary interests. “This pilot project will encourage exploration of new avenues in order to better protect children.”

According to the release, mediation is an option before going to court. It will be offered after a deadlock occurs or when voluntary agreements are rejected. Quebec hopes to improve intervention with the free, fast and independent mediation service.

This service will be free and available for up to five hours. The service will be gradually implemented in the provincial capital’s judicial district, before being expanded to other areas in 2022.

After a two-year investigation into the death of a Granby, Que., seven-year-old girl, in April 2019, the Commission on Children’s Rights and Youth Protection recommended the pilot project.

Despite being the subject of several reports to the youth protection division, the girl was found in critical condition at her family home. In his May 552-page report, Commission president Regine Laurent made many recommendations. He stated that the girl’s suicide was a collective failure in Quebec society and that more needs to be done.

Carmant stated that the pilot project was part of our determination to follow up with diligence and rigour on the Commission’s recommendations.

According to the release, the service will employ mediators who are experienced in family law and have knowledge about youth protection.…

Local courts are looking for volunteers to act as mediators

Judge David Smith presents Belle Westfall with her Basic Mediation Certification Certificate.

Volunteers are needed to act as mediators in order to speed up the resolution of disputes outside of courtrooms, as case filings continue to increase.

The Early Settlement Mediation Program volunteers are not expected to be experts in all aspects of the law but must have empathy and the ability to work with others.

Volunteers will receive 20 hours of intensive training, followed by an evaluation period. This will allow them to become certified mediators in small claims cases. Divorce and child custody cases can be taken up at higher levels.

On the Claremore campus of RSU, a free two-day basic mediation session will be held from 9:30 to 5 p.m. Sept. 22-23. Volunteers must complete the 20-hour training, and they must commit to spending 10 hours per year in mediation for local courts.

Marcy Cox, Early Settlement Northeast director at Rogers State University said they have had great success working with former executives who are familiar in human resource situations and have more flexibility in their schedules. However, they also have active professionals within the program.

She said, “We are looking for people who can listen and who can explore creative solutions.”

Washington County District Court employs volunteer mediators to help parties in disputes on small claims dockets and domestic cases such as divorce and child custody. This program is free to the community and sponsored by the Administrative Office of the Courts.

Cox stated that mediation is an effective tool to resolve disputes.

“We don’t make decisions for anyone. We empower them to make their own decisions. She said that mediation can be more creative than what the judge can do from the bench.

Cox stated that mediation will be more focused on landlord/tenant issues as the moratorium for evictions due to non-payment of rent has expired. Mediators can assist tenants and landlords in negotiating back-rent payments and moving out dates that are mutually beneficial.

Cox stated, “We are completely neutral third parties.” We help to define the issues and find solutions. Often, they file paperwork and never speak to one another. Everyone is allowed to speak and it ends in a mutually beneficial agreement.”

Judges love the mediation program. Judges love it because they can focus on the most important issues while mediators help neighbors to come to an agreement on disputes over fences.

David Smith, Special District Court Judge, preside over the Rogers …