There’s a Brighter Future Ahead & We Can Help You Get There
Going to family court can be costly, time-consuming, and emotionally and mentally exhausting. That’s why many families choose alternative dispute resolutions (or “ADR”s), such as mediation and arbitration. ADRs can be the most cost-effective, supportive and quickest means to help resolve major issues without needing litigation. No one wants to spend years fighting a legal case. McLean Legal Family Lawyers are qualified mediators/arbitrators and are here to support you so you can make the best choices for your family.
Mediation
Mediation in Calgary is a collaborative process for spouses, partners and their families to resolve disputes and issues with the guidance of a neutral third party, called a mediator. The mediator helps the parties communicate fairly and honestly and reach an agreement while not taking sides or giving legal advice to either party. Mediation is a private, safe and informal place for spouses and partners to work together and agree to mutually beneficial solutions. After a mediation, the parties can sign a Memorandum of Agreement (MOA), a cooperative agreement detailing the resolutions reached by the parties.
Arbitration
Arbitration in Calgary is similar to a court trial. The parties appoint a neutral third party, an arbitrator, who will hear and consider the evidence, arguments and written submissions of both parties before making a binding decision to resolve matters. Awards are compulsory once issued and enforceable through the Courts. Similar to mediation, arbitration is more cost-effective, flexible and frequently faster than going to Court. There can be one or multiple arbitrators in a hearing.
Mediation / Arbitration
Known as Med/Arb, this hybrid process combines elements of both ADRs to aid resolutions and make binding decisions. Both parties will meet with a mediator to reach an agreement on major issues. If an agreement cannot be settled, the mediator assumes the role of an arbitrator, and based on the evidence provided, makes a final, binding decision – an Arbitration Award. This Award will then be enforced through the Courts. The Med/Arb hybrid process combines the strengths of both ADRs, ensuring all issues in dispute are resolved in a timely and effective manner.
Although mediation and arbitration are different in their processes, there are several advantages for families to use them. Mainly, ADRs typically costs less than litigation, are more effective and speedier in resolving contentious issues. They provide families or spouses with more control over the outcomes. They are also private and confidential and give everyone a chance to be heard while assisting them in learning better ways to solve problems in the future.
There are multiple scenarios in which an ADR process is commenced. Parties can mutually agree to an ADR and hire reputable third parties to assist them. However, if a family law matter proceeds through the Court, the parties must, at least once, participate in an ADR. In situations involving child support, parties must go to one mediation session with a Dispute Resolution Officer (DRO). On other occasions, the Court will obligate parties to participate in Early Intervention Case Conferences (EICCs) mediation sessions with a Justice of the Court. We can help you to navigate this process to resolve your disputes effectively.
If mediation is successful, the resolved issues will be converted into an agreement, Court Order or both. This ensures that both parties acknowledge and commit to the contract, which is enforceable by a Court. For arbitration, the arbitrator issues an Arbitration Award, which is converted into a Court Order and is also enforceable by a Court. Our lawyers can help drive successful ADRs on your behalf.
ADRs can help families dealing with divorce, separation, child custody and parenting, to reach a neutrally agreed outcome (a win-win). Our lawyers can help with family mediation and arbitration for all legal and challenging matters.
Whether it is arbitration for family matters or divorce mediation in Calgary, only the Court can force the other party to participate in certain ADR sessions.
The cost of an ADR – mediation or arbitration – is difficult to determine, as it depends on the third party chosen, case complexity and the length of time it takes to resolve the dispute(s). In most cases, the ADR cost is split between the parties. Our lawyers can provide you with an estimate during a consultation.
Visit Us
©2024 McLean Legal | Terms | Sitemap