Parties may choose Mediation/Arbitration when there is a possibility of resolving the conflict in mediation but parties want certainty that a result will be forthcoming even if mediation fails. The process would start as an ordinary mediation with the exception that parties contract with the mediator/arbitrator to ensure that if mediation fails, the process will move into an arbitration.
Alternative Dispute Resolution
We offer mediation services with experienced mediators to help families resolve conflict through a cooperative process. A mediator is an impartial third party who assists participants in negotiating agreements regarding any aspect of their family law matter. This process may include each party’s lawyers, or can be done without their counsel. Parties are in charge of their own outcome and are often able to reach an amicable resolution without the need to pursue litigation through the courts.
The court process is not always the most viable, timely or cost effective method of resolving conflict. When parties are unable to reach a settlement on their own, they may choose to pursue Arbitration. You may select any of our qualified Arbitrators who are retained privately to hear evidence and make a determination to bind the parties. An Arbitration Award is binding on the parties as would be a Court Order. Some of the advantages of choosing to attend arbitration over courtroom litigation are:
- Parties are able to select their Arbitrator. They are not able to select their judge.
- Parties have control over the process of Arbitration and how evidence will be heard.
- A final determination of the matter can be done more quickly than waiting on trial dates.
- The process is kept confidential and does not become part of court record.
Alternative dispute resolution (ADR) can be an efficient and cost-effective course of action for divorcing spouses who are willing to work together. While these proceedings may still be prone to conflict, they give each spouse the opportunity to have equal input into the decisions that need to be made and to have an active role in the outcome.
There are multiple forms of ADR available, each with its own potential benefits and drawbacks. One of the most attractive benefits of ADR is its private nature. With closed and private proceedings, you can resolve your issues without them being documented in public Court records. If you are considering a divorce or your spouse has already filed for one, you would do well to learn more about your ADR options and their advantages over litigation.
Providing Multiple Approaches To Resolving Your Family Law Disputes
At Resolve Legal Group, our lawyers have experience representing clients in a variety of ADR venues. We are committed to matching you with the best lawyer and approach to resolving your family law disputes. Though we are recognized as highly effective litigators, our lawyers know a less confrontational approach is always a better fit, especially when children are involved.
Our lawyers are prepared to represent you in any of the following types of ADR proceedings:
- Negotiated settlements: In every case, we attempt to negotiate a fair settlement that protects our client’s interests. We have successfully negotiated settlements to seemingly insurmountable disputes. We explore other ADR options if negotiations are not successful, standing ready to litigate the matter in the absence of an acceptable outcome.
- Divorce mediation: In a mediation, an independent third party facilitates a discussion designed to help the spouses reach agreement on their disputes. The mediator does not make any decisions and does not give legal advice to either spouse.
- Arbitration: An arbitrator may make a binding decision regarding a divorcing couple’s dispute, then a Arbitration Award is given and legally binding . Both spouses must agree on the arbitrator selected to handle their disputes.
Contact us at 403-229-2365 (Calgary Office) or 403-907-0251 (Cochrane Office) to schedule an initial consultation with a lawyer regarding your divorce options.