Ongoing conflicts can often benefit from a fresh set of eyes, usually the eyes of an unbiased or neutral third party. If negotiations break down or parties are unable to come to an agreement, this third party – or parties – come in the form of either mediation or arbitration:
Mediation: is a process where separating spouses meet together in a boardroom (or in some cases, have a mediator shuttling back and forth). This is an informal meeting, often voluntarily but can be required by a Notice to Mandate or by mandate by a contract clause during commercial disputes. Mediators are typically a person with patience, persistence, common sense and a plethora of negotiation techniques. The overall goal of a mediator is to ensure that both parties feel heard and both sides of the discussion are presented clearly in the hopes of finding a middle ground. Mediators do not have the power to force a solution but can offer insight into what court rulings would likely be and how trial would likely resolve this issue.
Arbitration: can involve a single person or panel of unbiased experts to review case details such as facts, applicable laws or any outstanding contracts or agreements that are in place. Arbitrators can be chosen by disputing parties and are usually experts in a specific field or area. Dispute settlements reached by arbitrators can be binding or subject to review by a court, should one party disagree with the ruling.