Alternative dispute resolution (ADR) including mediation, encourages the use of other means of resolving disputes than traditional litigation.

ADR is more amicable and cost-efficient than litigation. Forms of ADR used in family disputes include mediation, mediation-arbitration, and collaborative law, each offering its own unique strengths.

One of our objectives in dealing with family disputes is to encourage cost-efficient early resolution. Fighting less ultimately leaves more financial resources for the parties and any children they may have.

What is mediation?

Mediation is a type of dispute resolution where the parties retain an independent third-party to assist them in reaching a mutually acceptable resolution of some or all of the issues in dispute.

Its general objective is to build consensus between potentially litigious spouses. Unlike other forms of dispute resolution, a mediator cannot impose an agreement, provide legal advice or decide an issue.

What is the difference between open and closed mediation?

In open mediation, the mediator files a report. The evidence of anything during the course of mediation, including admissions, is admissible in a proceeding whether or not consent is obtained.

In closed mediation, the mediator will either prepare a report outlining the agreement between the parties or state that no such agreement could be reached. In contrast to open mediation, evidence and any admissions are not admissible except with consent of both parties.



What is arbitration?

Arbitration is the legal procedure where the parties agree to appoint a person of their choosing to review the evidence and render a binding decision. As with mediation, arbitration has the advantage of reducing costs associated with dispute resolution and allowing for private resolution.



What is collaborative family law?

Collaborative family law is a way of practicing law where lawyers agree to assist clients in resolving conflict using cooperative techniques, rather than litigation strategies. Further, in the event settlement fails, lawyers will withdraw and not participate in litigation.

With the potential for financial resources to rapidly deplete in litigation, our objective is to utilize these sources of alternative dispute resolution, where appropriate, to achieve cost-efficient, comprehensive settlements.

416-DEFENCE | 416-333-3623

error: Content is protected !!

Recent Posts