Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law

Mediation is a way to resolve family disputes, but sometimes it doesn’t work if people are too upset or unwilling to compromise. In these cases, another process called “med-arb” can be used. This is when mediation and arbitration (or trial resolution) are combined to help families reach a resolution more efficiently and less expensively. It’s a way to avoid long, expensive court battles and reduce negative emotions. This article will explain how med-arb works and when it should be used. Mediation is a process where a neutral person helps two parties in a dispute come to an agreement. It’s informal and voluntary, allowing the parties to make their own decisions instead of having a judge decide for them. In Florida, there are rules that govern how mediation works, especially in family law cases.

For mediation to work, everyone involved needs to have a positive attitude, including the two parties, their lawyers, and the mediator. All of them play a role in making sure the mediation is successful and leads to a fair agreement. The most important people in mediation are the parties involved. It’s crucial for the parties to be motivated to resolve their issues. Sometimes, lawyers don’t prepare their clients well for mediation, which can hurt the process. Lawyers need to do enough research before mediation, talk about the risks with their clients, and have a positive attitude towards finding a solution. Discovery of information should be done before mediation, not during it. Some lawyers don’t do enough at mediation and leave it to the mediator to figure things out. This isn’t good and can cause problems. The lawyers need to go over the notice about the mediation meeting with their clients. This should happen well before the mediation starts. The clients need to know that they can’t bring anyone else to the mediation without the other party’s permission or a court order. They also need to be aware of their financial responsibility to the mediator. It’s best for the parties to be at the mediation in person, rather than over the phone, to make it easier to reach a resolution. The lawyers need to have a positive attitude toward mediation and should warn their clients about the problems that can come from going to court instead. They need to encourage their clients to be open to settling the dispute. The mediator is a really important part of mediation. They need to be prepared and know the issues before the mediation conference. They should also connect with the parties and show that they care. If the mediator doesn’t know the law or leaves early, it can make it harder to reach an agreement. If everyone is positive and willing to talk, it can help avoid the damage that comes from not reaching an agreement. This applies to any family law situation, no matter if the parties have lawyers or not. Arbitration and voluntary trial resolution aren’t commonly used in family law cases in Florida, but they could be helpful in nonchild-related cases if mediation doesn’t work. It’s something to think about. Binding arbitration or voluntary trial resolution is a process where a neutral third person or panel makes a decision on an issue in a family law case. This decision can be binding, meaning it must be followed, or non-binding. The advantage of this process is that it avoids the expense and delay of a court trial, and the decision is usually final and difficult to appeal. It is a faster, more private, and more flexible option than going to court. Sometimes, a combination of mediation and arbitration, called “med-arb,” is used to try to resolve family law issues. Med-arb is a process where parties first try to work out their issues in mediation, and if that doesn’t work, they go to arbitration. It’s not used often in family law, but it can help settle things faster and cheaper. There was a case where the court said it was wrong to use arbitration for decisions about kids. The court overturned a decision to approve an arbitration award in a divorce case because the law says that disputes involving child custody or support cannot be resolved through arbitration. In this case, the former husband tried to use arbitration to settle issues about child custody and money after their divorce, but the court said that wasn’t allowed. So the case was sent back to the trial court to make a decision. In family law cases, the court ruled that arbitration cannot be used when minor children are involved, even if the issues seem to only involve the parents. However, in cases without minor children, using a combination of mediation and arbitration can be a cost-effective way to resolve disputes quickly and efficiently. This process allows the parties to have more control and can lead to a less stressful and faster resolution. In some family law cases, med-arb (a combination of mediation and arbitration) can be a helpful way to resolve issues like child custody or financial disputes. It can be especially useful when mediation alone doesn’t work. It’s important to use med-arb in the right situations and with the right people involved. It can help avoid long court battles and find a final solution. It’s also okay to make jokes, but not to offend anyone. This article discusses the use of mediation in family law cases. It talks about the importance of letting the people involved decide the rules for themselves, instead of having a judge or arbitrator make decisions for them. It also mentions the rules for who can attend a mediation conference and how to appeal a decision made in mediation. Overall, it highlights the benefits and drawbacks of using mediation in family law cases. For family law cases, it’s important to keep things simple and not use complex methods like arbitration panels. Courts can’t give their power to non-judicial arbitrators in cases with kids. Direct negotiations between the parties is the most common way to settle family law disputes. This information is from a lawyer who has experience in family law. We, the Family Law Section of The Florida Bar, are here to help people and improve how the law works. Our goal is to serve the public and make sure justice is fair for everyone. This is important to us and we want to make sure the rules and principles of the law are always getting better.

Source: https://www.floridabar.org/the-florida-bar-journal/binding-arbitration-voluntary-trial-resolution-and-med-arb-proceedings-in-family-law/