DISPUTE RESOLUTION

There ae better tools for resolving family law disputes:

• negotiations (directly, through lawyers, or with the assistance of a mediator)

• Collaborative Family Law (lawyers who focus on negotiation resolutions without going to court)

• mediation (to help you negotiate)

• ​arbitration (you hire a professional to make decisions in the dispute)

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Mediation

Mediation is a useful tool to resolve disputes, as an alternative to litigation.

 

Mediation is negotiation, with a facilitator … a neutral person who helps the parties discuss the issues with the goal of reaching an agreement.  The mediator does NOT:

• impose decisions

• give legal advice

• take sides

 

The mediator does:

• try to provide a safe, calm environment for discussions

• encourage the parties to resolving the issues

• guide the discussion

• focus the parties on their interests and practical solutions

 

Mediation may not be an option where there is family violence or an imbalance of power.  It may be unwise if a party feels like giving in just to end the dispute or is unable to assert their interests.

 

It is available even if a court case is started.  In fact, judges often encourages parties to a proceeding to participate in mediation.

 

Mediation is particularly useful when dealing with custody/access .. with making decisions about children.  It is less useful regarding money … support and property are decided based on numbers and formulas … there can be a correct answer.

 

Mediation results in a mediation report, setting out the agreement reached (or reporting that no agreement was reached).  It is not signed by the parties and not binding!  The next step to turn it into something binding … a Separation Agreement or Minutes of Settlement.

 

Lawyers are often still necessary.  You should not negotiate unless you understand the law that underlays your decisions.  You should get legal advice before mediation and possibly during it.  You should also have a lawyer prepare the Separation Agreement or Minutes of Settlement.

 

Regarding money issues, you should have the necessary financial disclosure and a legal analysis of how the law would calculate support or a division of the value of property, given that information.

 

Mediators charge for their services.  Peel Family Mediation Services (905- 905-456-4700 ext. 5662), a court-based and government-funded agent, offers some free services and some on a sliding scale.

 

But mediation is voluntary.  Judges’ may encourage it, but they cannot compel participation in mediation.  Court may be the only way to bring someone “to the table”, so there can be discussions.