Mediation or Arbitration: What’s best for me?
12 Apr 2022 | Lisa PepperFew divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective alternatives for resolving financial and other matters.
Our specialist divorce lawyers know only too well the financial and emotional costs to clients of having to go to court. We have experienced mediators in our team – and a qualified arbitrator – each skilled in assisting couples as they commence non-adversarial ways to resolve outstanding issues.
What is mediation?
Mediation is a process where the mediator (a neutral third party) helps the parties identify the issues in dispute, explore how they might be resolved and, crucially, help them arrive at a mutual agreement.
The mediator effectively facilitates an environment in which the couple can comfortably discuss out key issues relating to the finances and any children in order to arrive at an agreement. Both parties need separate legal representation, and those solicitors will draft a Financial Remedy Order if a financial settlement on divorce is achieved.
How an agreement on child arrangements is to be recorded will be discussed with you.
There’s no obligation to continue with the process if, for instance, the environment becomes acrimonious – either party can withdraw from the mediation process at any time.
It’s worth bearing in mind that before you make any application to court for proceedings relating to children or for financial remedies, you must attend a mediation information assessment meeting (MIAM).
The purpose is to help you determine if there are alternative ways to resolve the issues outside of court, so the MIAM is always a good introduction to what mediation is about.
What is arbitration?
Arbitration is more formal than mediation. It can be an effective option when you cannot reach an agreement on key issues, but you’re keen to avoid expensive and time-consuming court action.
The parties agree to the appointment of an independent arbitrator who will hear the dispute in private and make a final decision (the award).
A key benefit of arbitration is that it can be concluded in a matter of days or weeks, compared to litigation which can take years. Importantly, an arbitral award can be enforced both in the UK and abroad if that becomes necessary.
The process is also more flexible than litigation, with the parties able to have a say in choosing the arbitrator and the procedures which could be adopted.
What’s the difference between mediation and arbitration?
Arbitration is a more formal process than mediation and will involve an Arbitrator’s fee, as well as the lawyer’s fees, for representing you and preparing your case, but it is still cheaper than going to court.
A key difference between the two is that the outcome of mediation is not binding on the parties, whereas the decision of an arbitrator is.
There’s also no guarantee that mediation will lead to an agreement, so if you are after a level of certainty about the outcome – perhaps within a relatively short timeframe – we may advise you to consider going down the arbitration route.
Will mediation or arbitration be best for me?
This depends on your individual circumstances. For couples already embroiled in conflict or where the parties’ positions are so opposed that mediation is unsuitable – arbitration could be the most effective way forward.
Our specialist divorce lawyers, which includes expert family mediators, will consider your situation and advise you on the most suitable forum to help you resolve the issues in a quick and cost-effective way.
Contact our leading divorce lawyer Lisa Pepper for more information on mediation and arbitration, or complete an online enquiry form.
Share this article
Contact
The Osbornes mediation team is excellent and has some good individuals.
David Leadercramer has experienced it all and uses this experience to help guide clients towards the best outcome.
Osbornes has a strong mediation team led by Lisa Pepper. Lisa is a very experienced mediator who often places clients at ease and allows them to discuss very difficult topics. She is empathetic but knows when to be more directive if the clients require.
David Leadercramer is excellent.
Lisa Pepper is one of our go-to mediators. She provides a practical service, supporting clients to conclusion.
Lisa Pepper’s mediation practice is absolutely brilliant. Real value delivered with expert knowledge. Lisa is a first rate mediator.
Lisa Pepper is one of my go to mediators. Her calm, collected attitude and friendly persona allow clients to trust her and open up to her. Excellent service and top level advice.
Lisa Pepper – very down to earth and approachable.
Lisa Pepper is a talented lawyer and we regularly refer to her for mediation
"She is a phenomenal mediator. She is full of insight and is very creative in her solutions."
"She has a substantial amount of empathy which she brings to any mediation and she works extremely hard to gain the trust of people. She fully understands how complex financial disputes work and is well versed in dealing with individuals of high net worth."
"Lisa Pepper is an outstanding mediator. She is very skilled and has an empathetic and professional approach which is comforting for clients. She never imposes her own view but is even handed and provides helpful guidance to clients so that they can make empowered decisions"
"Lisa Pepper has built up a very impressive mediation practice. She is very engaging and easy to relate to. She embodies mediation in the sense that she approaches her case in a very non-judgmental fashion and can quickly gain the confidence of those with whom she is mediating"
"Lisa Pepper is a brilliant mediator who produces results. She is effective at resolving matters without the need for the parties to engage in expensive and protracted litigation"
"Lisa Pepper is a fantastic mediator. She is fair, robust when she needs to be, and finds a way of facilitating agreements in the hardest of cases. Her guidance is spot on. She has an approachable and constructive mediation style"
Osbornes is known for combining strong legal expertise with a commitment to resolving family matters amicably. This instils a huge amount of trust in any lawyer referring their clients to this mediation team. The team is particularly good at dealing with financial matters.
Lisa Pepper is extremely approachable and this shines through in the outcomes she achieves from mediation. She makes clients feel at ease, which enables them to feel empowered to resolve matters amicably and find a creative outcome which many mediators may have overlooked.
Lisa Pepper is building a very strong mediation practice at very competitive rates and is able to build a rapport quickly with almost anyone.
Lisa Pepper loves her work and has a very sensible head on her. That means her practice is thriving and rightly so.
Lisa Pepper is very thorough in her preparation and has super personal skills to put parties in mediation at ease
Lisa Pepper – good litigator, very friendly and approachable but tough, “straight bat” with the opposition. Can steer a client deftly to settle when he should.
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from the dissolution of civil partnerships.
"Lisa can handle the large and complicated cases but takes equal care with the smaller cases. She is a highly skilled mediator who is a consummate professional."
Lisa Pepper is a skilled collaborative lawyer. Her instinct is always to resolve matters without compromising her clients’ interests.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Lisa Pepper is a noted collaborative lawyer, and recently acted successfully on a client's leave to remove application to Australia.
Divorce Insights from LisaVIEW ALL
- 19.5.2022
How to get a divorce
Step-by-step Guide to Getting Divorced In April 2022, new no-fault divorce rules replaced the old fault-based system in England and Wales....
Read more - 6.5.2022
My ex has cut me off during divorce
Unfortunately, it is far too common that when a client says it’s over, their spouse with the “purse strings”...
Read more - 6.5.2022
How the Court views loans from parents during...
A frequent issue in financial divorce cases is a loan from a spouse’s parent, often to pay legal fees,...
Read more - 12.4.2022
Mediation or Arbitration: What’s best for me?
Few divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective...
Read more - 11.4.2022
Divorcing couples reaching financial settlement through Private FDR
The Runaway Advantages of the Private FDR Our specialist lawyers are keen to ensure our divorcing clients achieve cost-effective outcomes...
Read more - 28.2.2022
Divorce applications shut down from 31 March 2022
From last year all divorce petitions in England and Wales were to be submitted to the court using the court...
Read more - 20.1.2022
Family Mediation: a cost-effective alternative to court action
Mediation is increasingly important for our clients in their efforts to resolve children and financial issues divorce. This week (17 to 21...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 13.12.2021
Who Pays Child Maintenance?
Child maintenance is regular, reliable financial support that helps towards a child’s everyday living costs. The Child Maintenance Service (...
Read more - 9.12.2021
Are irreconcilable differences grounds for divorce?
If you have come across this article it may have been as a result of an online search to see...
Read more - 9.12.2021
Negotiating financial settlements in divorce
Costly and acrimonious divorces: a lesson in what not to do If you’re determined to pursue your financial claims...
Read more - 25.11.2021
Child arrangements for going abroad when separated
I am separated from my spouse – can I take the children abroad on holiday? The answer to this question is...
Read more - 9.11.2021
Keeping social media out of divorce proceedings
We’ve recently seen the playing out on twitter and Instagram of the high-profile separation of actor Ioan Gruffudd and...
Read more - 9.11.2021
I helped build my spouse’s career
What is the impact on our divorce settlement? It’s been almost two years since The Da Vinci Code author...
Read more - 9.11.2021
How to speed up a divorce
6 steps to speed up the divorce process For many people, once they have made the decision that their marriage is...
Read more - 9.11.2021
6 cases that shape your divorce settlement
Part of what makes our divorce lawyers experts in their field is knowing what way a judge is likely to...
Read more - 10.8.2021
Child Maintenance: When is capital, income?
Reading a recent case from the Child Maintenance Tribunal, I considered it worth flagging up that the Child Maintenance Rules...
Read more - 21.7.2021
Child arrangements affected by pandemic travel restrictions
International families experiencing long separation periods from children As pandemic restrictions continue to limit overseas travel, increasing numbers of separated...
Read more - 27.4.2021
Divorce in your 60s – The Financial Implications
How common is a divorce in your 60s? The latest divorce figures from the Office of National Statistics (ONS) show...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father on divorce? The period drama Bridgerton, the runaway success of the winter,...
Read more - 5.3.2021
Contesting a prenuptial agreement
Kanye West and Kim Kardashian are getting a divorce after nearly seven years of marriage. According to reports, Kim filed...
Read more - 24.2.2021
Welfare of Child Remains Priority for Courts In...
If press reports are to be believed, the Kim Kardashian /Kanye West split will not lead to a custody battle...
Read more - 9.2.2021
When can you claim PPR Relief on more...
Family lawyers are familiar with ‘Mesher Orders‘ where the court orders that as part of the financial settlement on divorce,...
Read more - 26.10.2020
5 top tips to finding the best London divorce...
Finding the right lawyer to advise you on one of the most traumatic changes in your life, is a serious...
Read more