In some instances, spouses may prefer to resolve family law matters through an alternative dispute resolution mechanism. Such alternatives to the traditional court system can help resolve family law disputes in a cost-effective and low-conflict manner.
A range of disputes may be resolved through alternative dispute resolution processes. These include negotiating parenting issues, child support, spousal support, property issues, and claims involving unmarried couples. Some negotiated settlements, such as parenting issues and child support, may be subject to Court scrutiny if they are not in the children’s best interest or deviate from mandatory payment plans.
At Gelman & Associates, our experienced team of lawyers has decades of collective experience representing clients in mediation, arbitration, and collaborative family law proceedings. If you would like to learn more or discuss the specifics of your case involving alternative dispute resolution services, contact our lawyers and schedule a free consultation today. We have offices across Ontario in order to provide our clients with better access to justice.
What are Mediation, Arbitration, and Collaborative Law?
There are many different forms of alternative dispute resolution in family law. All of these alternatives are intended to facilitate the settlement of family law matters outside the traditional court system, which is often associated with high costs, long periods of delay and an atmosphere of conflict. Three of the most common alternative dispute resolution mechanisms in Ontario family law are mediation, arbitration and collaborative law.
Mediation
Mediation is a voluntary way of resolving disputes where a trained mediator helps parties to reach an agreement about family law matters such as spousal support, the division of property, custody of and access to the children, child support or any other family-related issues.
The role of a mediator is to act as a facilitator who attempts to bring the parties to a mutually satisfactory compromise. The mediator does not make decisions, but provides neutral opinions, especially in parenting matters. The mediator may present proposals and ideas to the parties, helping them work towards a resolution. Mediators can be social workers, lawyers, psychologists, or other professionals. Mediators do not take sides or make decisions for the parties. They also cannot give legal advice.
If mediation fails, parties may proceed to arbitration, which functions similarly to a private Court.
Arbitration
Arbitration is a process where each spouse tells his or her side of a family law dispute to an arbitrator and asks for a specific decision. Each side may present witnesses and documents as evidence to support the decision they want. Exactly what an arbitrator is being asked to decide should be set out in advance in an arbitration agreement.
An arbitrator can be asked to resolve several issues, or specific topics such as division of property, support, and custody of or access to children. All arbitration decisions involving children must be decided in the child’s best interests.
The arbitrator will conduct a formal process according to the Ontario Arbitration Act. In doing so, they will hear evidence, assess legal submissions, and issue a final binding decision. The main advantage of arbitration is that it is a more private resolution process, potentially less costly, and can be faster than litigation.
Collaborative Law
At its essence, Collaborative Law consists of two clients and their respective lawyers working together towards reaching an efficient, fair, and comprehensive settlement of all family law matters.
At the commencement of this process, parties must sign a participation contract, agreeing to use good faith efforts in their negotiations to reach a mutually acceptable settlement. Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding. The distinctive feature is the strong incentive to settle, as failure to reach an agreement would require discharging lawyers and starting a new alternative dispute resolution process.
How Can Our Toronto Alternative Dispute Resolution Lawyers Help You?
At Gelman & Associates, our family lawyers do not believe that every dispute needs to be settled in a courtroom. Alternative dispute resolution (ADR) methods like mediation, arbitration, and collaborative family law offer faster, more cost-effective, and less antagonistic options for resolving your disputes. Our goal is to guide you through these processes while protecting your rights and ensuring your voice is heard.
When you work with our Toronto ADR lawyers, we’ll help you:
- Assess Your Options: We can explain the pros and cons of mediation, arbitration, and collaborative family law so that you can choose the method you feel will best suit your family’s circumstances.
- Mediation Support: Our lawyers will prepare you for sessions with a neutral mediator, helping you pick out your priorities and prepare to negotiate with confidence when it comes to disputes over parenting arrangements, property division, support, and more.
- Arbitration Representation: Should you choose to pursue arbitration, we can advocate for you in the private, binding decision-making process.
- Collaborative Family Law: Our lawyers can represent you in collaborative negotiations with your former spouse. We’ll work with the other party and their lawyer to find acceptable solutions for both of you without court intervention.
- Drafting and Reviewing Agreements: Whether you reach a mediated settlement or an order is issued by an arbitrator, we’ll make sure your agreements are clear, enforceable, and aligned with your long-term interests.
- Protecting Your Interests: Throughout whichever process you choose, our ADR lawyers will always prioritize your legal rights, reducing conflict and reaching fair, sustainable resolutions.
Our Alternative Dispute Resolution Lawyers in Toronto
Two members of our team at Gelman & Associates are distinguished and accredited family law mediators who can help couples find a fair and expedient resolution to a number of family law issues. Paul D. Slan and Jennifer Shuber can help guide couples through the mediation process in various family disputes.
Paul D. Slan, one of our most senior lawyers, has been mediating family law disputes for more than 40 years. His experience and knowledge of the Ontario family law system allow him to guide spouses towards a fair and balanced settlement of their family-related issues through mediation, without resorting to the traditional court system.
Jennifer Shuber is recognized as an Accredited Family Mediator by the Ontario Association for Family Mediation and a Certified Specialist in Family Mediation by the Family Dispute Resolution Institute of Ontario. Jennifer has also been appointed a Dispute Resolution Officer for the Superior Court of Justice in Toronto.
Irina Davis is also trained in the practice of Collaborative Family Law, which is another effective alternative to litigation. In collaborative family law, your legal representatives work together to help you and your former partner negotiate the terms of your separation in a manner that emphasizes mutually beneficial solutions.
Contact Our Alternative Dispute Resolution Family Law Lawyers in Toronto Today
Contact Gelman & Associates to learn how our experienced Toronto alternative dispute resolution lawyers can help facilitate a cost-effective, low-conflict resolution of your family law matter. To protect your mental health during a difficult period, we also offer our clients a free consultation with a psychological professional if required.
Serving eleven offices throughout Aurora, Barrie, Cambridge, Grimsby, Hamilton, Mississauga, North York, Scarborough, St. Catharines, Toronto, and Whitby, our offices are easily accessible by transit and off-highway. Our phone lines are open Monday to Friday from 8 AM to 6 PM. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for an initial consultation.
