During mediation, parties attend a meeting with a mediator. A mediator is a neutral third party who facilitates to reach consensus on issues such as child custody and access, child support, and division of property.

The mediator is usually a family law lawyer, psychologist or other trained professional, with specialized training in mediation. Parties should seek legal advice during the mediation process.

We have family law mediators who can facilitate the process. Alternatively, we can provide legal representation or advice through the mediation process.

As of September 1, 2020 the Family Law Act was amended to include provisions to govern family law arbitrations.

The role of an arbitrator is similar to that of a private judge. With the assistance of the arbitrator, the parties will determine the process, which must be agreed to by both parties and confirmed in an Arbitration Agreement before arbitration begins.

All family law arbitrators are required to meet Family Law Act training and practice standards. An arbitrator must be a lawyer, psychologist, or social worker with at least ten years’ experience in a family-related field.

Arbitration allows for more privacy than court decisions that are published and available to the public. Through arbitration, financial details and issues of behaviour are kept confidential. Arbitration can usually be accomplished more quickly than proceeding through court, and parties can tailor the terms of an agreement to suit their individual needs.

MED-ARB (MEDIATION-ARBITRATION)

Med-Arb is a hybrid process that includes all of the benefits of mediation but provides the parties with an assurance that any outstanding issues not resolved in mediation will be resolved in arbitration.

The parties must sign a Med-Arb Agreement prior to the med-arb process commencing.