What is Islamic mediation & arbitration?

What is mediation as you asked?

Look, the idea of mediation is that the parties are best equipped to plot plan their future.

More than any 3rd party, certainly more than the state. So the mediation process, which in many states being licensed in Florida, I can tell you in Florida, it's mandatory.

So with that you hire a trained neutral party that has no authority to make a decision and frankly shouldn't even influence the decision you make, but that guides you through a process of communicating with, with your spouse or former spouse to be and for you to decide on your own.

You know, what, what the future looks like, how you split the assets, how you split the children and the mediator has no authority to make a decision. It's, it's about empowering you two, to make the best decision for your future. That's what mediation is. As for arbitration, it's where you both the parties appoint someone and give them the authority to make an enforceable decision.

And you can even set the ground rules, then forceful decision will be according to Islamic principles or whatever principles you lay out, but the arbitrator has the authority and it's a much more efficient and I think just way to resolve things. Now, there's some limitations to arbitration. Courts can always review you know, the decisions generally arbitration clauses as it relates to the children may not be enforceable.

Courts always want to retain the ability to decide what's in the best interest of the children, but frankly, a lot of these things can be resolved through mediation. So I highly, highly recommend it. You know, a mediation session may at most cost you a couple thousand dollars. But through that mediation session, you can come up with results that may cost you tens of thousands of dollars and years in court to achieve, you know, and in most cases, I've seen the offers on the table and mediation when you factor in, especially transaction costs are better than what you'll get through the litigation process.

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