Request a Consultation

Feldstein Family Law Group

At a difficult time like this, put us in your corner and we will fight for your rights.

FAQs - Mediation, Arbitration and Collaborative Family Law

Family mediation is an informal method of alternative dispute resolution available to parties who are seeking a divorce or separation. The process done in a confidential, timely and cost-efficient manner with the aide of a neutral and impartial third-party (mediator).

 

Mediation can be incredibly helpful in that it can save spouses a lot of time and money as it is generally more efficient than the court process. It can reduce the emotional and psychological costs associated with divorce and litigation as it is non-adversarial and does not pit the parties against one another.

 

The product of mediation is presumably a separation agreement. A separation agreement that is signed, dated and witnessed becomes a valid and enforceable contract that is binding on the parties

 

The length of the mediation process varies and it will most likely depend on the number of the issues involved and the parties’ ability to communicate and co-operate with one another.

 

It depends on the mediator used, the number of sessions needed and whether or not the parties decide to obtain counsel to represent them during the process. The only definite response that can be given is that mediation is less costly than court as the personal, informal and incredibly focalized nature of this method of dispute resolution allows for a quicker conclusion than dragging the matter through the court system.

 

Collaborative family law is a method of dispute resolution premised on honesty, integrity and respect between the parties.

 

The difference between collaborative family law and arbitration is primarily that in collaborative four-way meetings the spouses are the individuals empowered with the ability to discuss the issues and make all decisions relating to their situation.

 

It is possible for one of the spouses to change his or her mind and decide to opt out of the collaborative process. In that event, the dispute may be resolved either through arbitration or by going to court.

 

Arbitration is a method of alternative dispute resolution that most closely resembles the court process. Prior to engaging in arbitration the parties must sign an arbitration agreement, in the presence of a lawyer, stating that they waive their right to go to court and litigate the issues in question.

 

If mediation proves to be unsuccessful than there are options available to the parties.

 

Essentially your decision to engage in one of these three methods of alternative dispute resolution will be premised on several factors.

 

20 Crown Steel Drive, Suite 8
Markham, Ontario, L3R 9X9 | 905.415.1636

© 2012. Feldstein Family Law Group Professional Corporation. All Rights Reserved.
Website design and promotion by digital eM-space, a division of LawyerLocate.ca Inc.