Mediation &
What is Mediation and Arbitration in the family law context?
Glad you asked.
Both mediation and arbitration are both voluntary alternative dispute resolution options that parties may choose to pursue instead of litigation (going to Court). Both of these options offer a way for parties to resolve the issues arising out of their separation in a private, more expedient and lesser adversarial way with the goal to save time and money on what can be an expensive process.
Mediation
Mediation is a confidential process where a mediator (a trained, experienced and neutral/impartial professional) works with parties to help them reach a settlement regarding their children, support, property and other issues. The mediator is prepared to help design a process that is safe for the parties to engage in, while encouraging discussions on the important issues. The end goal is for the parties to reach an agreement that they are confident that they will follow, because the solution was designed by them for their own family. At SNC LLP, any issues that are agreed upon by the parties at mediation will become part of a memorandum of understanding that the parties can take to their individual counsel to review before signing. This helps streamline the review process for your lawyers so you can reach a signed agreement quickly.
What if there is no resolution?
If the parties are unable to reach a resolution on some or all issues in mediation, they can agree to participate in a private arbitration process. The neutral third party called an arbitrator will work with the parties and their lawyers to create the process and agree on the issues to be decided. The arbitrator will hear from both parties and make a binding and final decision called an arbitration award. The arbitration award is not a random decision; the arbitrator must follow the law on any issue they are asked to decide.
We are proud to offer mediation and arbitration services. Carolyn J. Chambers is a family mediator, accredited through the Ontario Association for Family Mediation (OAFM), and a trained arbitrator.
