What clients might be suitable for the One Solicitor: One Couple process (also known as Solicitor Neutral or Resolution Together)? I’m delighted to be joined in this blog by Dr Angharad Rudkin, a child psychologist, author and creator of the What...
What is Arb-Med?
It’s a combination of Arbitration and Mediation. First, you’d instruct an Arbitrator who directs that you attend mediation.
You attend mediation or Hybrid mediation.
You can revert to the Arbitrator if you can’t make a decision on the progress of the case (e.g., which expert to go to when valuing a business) during mediation.
Usually, you will be successful in mediation. However, if you can’t resolve everything and need help on making a decision on one or two things then you go back to the Arbitrator who will make the decision (or as they call it an Award or Determination) for you.
You then obtain the legal documents you require e.g., a consent order.
Who can use it?
Could Arb-Med work for you?
This process does give some certainty of outcome. Sometimes if mediation doesn’t work out you have to start again with solicitors starting to write to each other again! Or maybe having to start in Arbitration (or maybe even court).
If there is just one issue you want to mediate about e.g., what happens to a pet and you want to get a result.
- Can be very quick with the Arbitrator setting timescales
- Certainty - you will definitely have a decision maker making the decision if you can’t come to a conclusion yourselves
- You have to enter into the formalities of Arbitration
- Cost - you have to pay the Arbitrator as well as the mediator
- You may not like the Arbitral Award (the decision) but will be bound by it
Could this work with other non-court options?
It is already an amalgamation of two non-court processes. However, it would work really well with Child Inclusive Mediation (to give children a voice here).
I can help you find an Arbitrator whilst I am acting as your mediator, or if I am supporting you through mediation.