MEDIATION & ADR
Family Mediation is a voluntary process where the parties select a neutral facilitator to help negotiate a viable and sustainable settlement. It is a recognized and cost-effective alternative to litigation. The mediator is not an advocate, judge or lawyer for either party and the discussions are kept confidential between the parties of the mediation.
We recommend Independent Legal Advice (ILA) in all mediations. This is where each party will have the benefit of independent legal counsel before the final Agreement/contract is signed and executed. However, ILA may be obtained at any time, and multiple times, throughout the mediation process.
Arbitration uses a third-party neutral who will decide the outcome of a dispute between two or more parties based on evidence provided by the parties. It is less formal than a Court hearing, although, arbitration can still involve witnesses, documented evidence, testimonies and oral closing statements. The final decision or Award may be incorporated into a Court Order.
Med-Arb is a hybrid process combining Mediation and Arbitration. The parties use Mediation as a primary option which may be followed by Arbitration in the event of remaining unresolved issues. This hybrid dispute resolution process can be conducted by one specially trained dispute resolution practitioner [i.e. mediation experience with professional status as an Arbitrator under Ontario’s Family Statute Law Amendment Act, 2006]. This two-part process is designed to enhance creative and self-determined outcomes with the third party neutral while ensuring a final comprehensive resolution.