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Mediation Arbitration Agreements

March 3, 2012
  • So far I’ve mostly discussed the process of mediation arbitration.  Another very important issue is the mediation arbitration agreement itself. 
  • The agreement sets out all of the issues to be determined.  It is the rule book by which the mediation/arbitration will be governed. 
  • Firstly, make sure it sets out all of the issues to be determined. 
  •  In a family law situation, those issues can include: custody and access; child and spousal support; equalization of net family property; sale of the home; etc. 
  •  It will also deal with what appeals can be taken of the decision if one party or both are dissatisfied with the terms of the arbitral award. 
  • Another issue is whether there will be a reporter present during the arbitration; where the arbitration will take place; who will fund it; etc. 
  • Before the mediation/arbitration begins, all of these issues should be resolved by way of a carefully vetted and signed mediation/arbitration agreement with independant legal advice received by both parties.
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