Alternative Dispute Resolutions

Alternatives to Court

Not every family law matter goes to court – or requires litigation. There are additional options, known as Alternative Dispute Resolution (ADR), that includes settlement meetings, mediation, arbitration, mediation/arbitration and collaborative family law. These options can be more efficient and cost-effective for families by resolving issues without the intervention of the court. The value in using these methods is that it fosters a more amicable atmosphere and can be less adversarial than court.

Settlement Meetings for Separation/Divorce

These meetings can be held at any point during the family law legal dispute. Essentially, the parties and their lawyers will meet to discuss the issues (spousal support, child support, custody/access, division of property, etc) and attempt to resolve them or come to an agreement. Negotiations will take place and there can be some back and forth. Several 4-way settlement meetings can be conducted. The meetings will normally take place at either party’s lawyers office.

If negotiations were fruitful and issues have been resolved – then this will be written into a Minutes of Settlement or Separation Agreement. There will be a back-and-forth of drafts of these legal documents to ensure each party has made their final revisions or are content with the drafting of the language/provisions.

Family Law Mediation

A neutral third-party assists parties, who are in dispute, to reach a mutually acceptable resolution or agreement. The third-party is often a senior family law practitioner, lawyer, retired judge, etc). Both parties must agree to retain the mediator before sessions begin. After the mediator is chosen, the parties each pay half of the mediators’ retainer fee. Depending on the complexity of the matter, the reasonableness of the parties and the level of conflict the issues may be dealt with in one mediation session, or it may take several mediation sessions. It is not typical to be able to reach an agreement after only one mediation session.

Family Law Arbitration

Much like mediation, both parties must consent to move forward with arbitration and agree to retain the arbitrator. Arbitrators are typically senior law counsel or retired family law judges who have a paramount of expertise in dealing with family law matters. The impartial arbitrator hears evidence and makes a binding decision on the dispute.

Mediation/Arbitration

This process is a combination of the above. The understanding is that we start off with mediation first, and should mediation not be completely fruitful then arbitration kicks in. Both parties must agree to this process.

Collaborative Family Law (CFL)

CFL allows for parties to work together with their lawyers and/or other third-party individuals to reach a settlement, agreement or resolution of issues stemming from their family law matter. These resolutions are put into a binding legal document.

The goal of CFL is to collaborate, encourage open communication, transparency and cooperation between the parties, avoid hostility and being adversarial and allow the final decision of the agreement to be made by the people who are most affected by it – the parties. It allows for matters to be dealt with in a respectful and constructive manner – unlike traditional litigation.