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Mediation and Arbitration: Resolve your family law disputes

Published: December 1, 2015

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Mediation and Arbitration: Resolve your family law disputes

Resolving family law disputes through mediation and arbitration

I am a family law specialist and a partner in the family law group at Basman Smith LLP. People, therefore, seem to know that I represent individual family law clients. What you may not know, however, is that I am also a mediator and arbitrator. In this alternative dispute resolution (ADR) arena, parties come to me to assist them in the resolution of their cases.

I am trained as a lawyer and as a social worker. I have also trained as a comprehensive family mediator. That means that I mediate both financial and parenting issues for parties. If mediation does not resolve the dispute, then I am can switch hats and become the arbitrator.

My experience in the legal representation of clients has given me the knowledge of the law and “how things work” in family law. I understand practice and procedure. I am a critical and practical thinker. I can provide legal information (not advice) to parties in mediation. I can ensure that they are informed of the law on a particular topic, as well as their rights and obligations. I have been on the other side of the table, representing clients in mediation and arbitration. I know what that process is like from the inside out.

My social work and mediation training have provided me with the tools to manage difficult personalities and build consensus. I am able to be empathic without getting dragged into the emotions and conflict. Active listening allows me to listen effectively and to understand what is happening and why. I am trained to look not only at the issues, but also at what is underlying the dispute. I am skilled at identifying and eliminating road blocks to settlement. I am trained in child development and have worked with children of divorce. I am able to bring the children into the process, whether that it by actually meeting with them or by figuratively representing their best interests in the mediation.

I would be happy to further describe my mediation/arbitration practice and to answer any questions you may have. Please do feel free to contact me.

Written by Jennifer Shuber

Senior Lawyer

Certified specialist Jennifer Shuber is a senior lawyer and accredited mediator at Gelman & Associates who handles high-conflict and high-net-worth family law matters with practical, cost-effective legal guidance.

Frequently Asked Questions - alternative dispute resolution

It depends on the situation. Sometimes, expected outcomes are not met when negotiating in court, so people are willing to venture into other means like alternative dispute resolution (ADR). Also, the flexibility of the ADR processes entices people more than ever.

Some of the benefits of alternative dispute resolution include confidentiality of the terms discussed, reduction of stress involved, the possibility of preserving existing relationships among parties, and significantly lower cost in terms of time and money.

Some of the processes involved in alternative dispute resolution include neutral evaluation, negotiation, conciliation, mediation, and arbitration. Some parties prefer to undergo mediation instead of litigation as its informal alternative.

Generally, the collaborative law process starts when both parties agree to use negotiations and mediations to settle their divorce amicably. This is done so a couple can reach a fair and equitable agreement based on realistic goals and reasonable judgment.

Collaborative law is a type of negotiation wherein the two parties with their lawyers meet face to face, together or separately, to negotiate a solution to the couple’s problems. Meanwhile, mediation is where a neutral third party aids a couple to communicate and find common ground that could solve their problems.

If you find yourself divorcing your partner, consider going for the collaborative option. This does not only cost less than a litigated divorce, but it also ensures that you part ways with your partner amicably instead of being irrevocably broken by the nature and pressures of the courtroom process.

Mediators and lawyers have different roles. Lawyers represent their clients’ interests and advise them on the best way to present their case. They’ll advise the client on what may happen in court and the chances of success. In contrast, a mediator does not give legal advice and does not represent either side of a dispute, even if the mediator is also a lawyer. In mediation, you speak for yourself rather than having a lawyer speak for you.

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If you need legal advice regarding alternative dispute resolution matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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