Learn how arbitration, mediation, collaborative family law can help you and your spouse come to an agreement about important matters like property and parenting time

Mediation

Mediation is a negotiation between two individuals, with someone’s help. The mediator, a neutral third party, can help you reach an agreement on a variety of issues, including support payments, the division of property, and child custody and access. Mediators, unlike judges or arbitrators, do not decide cases or impose settlements
If you and the other person cannot agree on separation or divorce issues, you can try to reach an agreement out of court through family mediation.

Mediation can be faster, cheaper, and more private than going to court.

In mediation, a neutral third party, known as a mediator, can help you communicate with each other and reach an agreement on issues, such as:

  • support payments
  • dividing property
  • parenting time or decision-making responsibility in respect of children

Arbitration

Arbitration is a process where each person tells their side of the story to a neutral party (the arbitrator) and asks the arbitrator to decide. You and the other person must agree on what the arbitrator will decide on before arbitration begins.

Arbitrators, like mediators, are neutral third parties. However, unlike mediation, parties who wish to arbitrate must agree to be bound by the decision made by the arbitrator

An arbitrator’s award can cover things like:

  • property
  • child and spousal support and parenting time
  • decision-making responsibility of children

Cost of arbitration

Arbitration may or may not be cheaper than going to court. If one person doesn’t agree with what the arbitrator decides, you will need to continue arbitration, which will cost more. You could also end up going to court if arbitration doesn’t work out. If you choose arbitration, you may need to pay for:

  • the arbitrator’s time
  • your lawyer
  • costs for space where the arbitration takes place (for example, renting a room or office)
  • costs for keeping a transcript of the process

Collaborative Family Law

Collaborative family law refers to the use of an out-of-court process that addresses the emotional, financial and legal issues that arise as your family transitions from one household to two. It is a voluntary process that focuses on making sure all the information you require to make decisions is available, and that your negotiations remain constructive and capture your interests.
Collaborative lawyers assist parties in negotiating a resolution of their dispute(s) in a principled and respectful fashion without going to court. Both parties and their lawyers sign a contract committing to this process in advance
  • Resolve disputes respectfully without going to court.
  • Make children a priority in co-parenting and child custody.
  • Benefit from the guidance and expertise of trained professionals