Mediation and Arbitration

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Morton Fraser Partner Fiona Sasan
Fiona Sasan
Fiona is an extremely experienced family lawyer and one of our Glasgow based partners. Fiona is also an accredited family law specialist, a ...
0141 274 1107

Often, separating couples find it difficult to talk to each other directly. This can make meetings and discussions between them problematic rather than constructive. But sometimes seemingly intractable disputes can still be resolved outwith court, with the assistance of an expert mediator or arbitrator. These approaches are sometimes called 'alternative dispute resolution' or ADR - although it's arguable that they should just be seen as the norm for resolution of any dispute. Whatever the term, in the right cases, these dispute resolution tools can result in highly positive outcomes. 

What is family law mediation?

In mediation, an independent third party (the mediator) works with the people who are in dispute to reach a mutually acceptable solution. The mediator's role is to help you clarify issues and priorities, and explore possible solutions, but will not act as a judge or make decisions about the dispute. At Morton Fraser, we have two qualified and accredited family law mediators, Rhona Adams and Lucia Clark, who are both members of CALM - the only organisation in Scotland you can use to access accredited confidential mediation from mediators who are also practising lawyers.

What are the benefits of family law mediation?

Potential benefits of mediation are control of the process; the freedom to tailor a settlement to suit your particular circumstances; and less legal cost. 

What is family law arbitration?

In arbitration, the people involved in the dispute agree to refer it to an Abitrator for resolution outwith court. The process is similar to a court action, and the Arbitrator makes a decision which is binding on both parties. Fiona Sasan is a qualified and accredited Arbitrator and member of FLAGS - a group of nearly 50 solicitors, counsel and former members of the judiciary who have undergone training to act as family law arbitrators.

What are the benefits of arbitration?

Arbitration is designed to be quicker and more flexible than going to court, with the option to choose your decision-maker and tailor the process as needed. It can also be confidential.