Mediation-Arbitration

Family Arbitration & Mediation-Arbitration

Family arbitration is a private and confidential process of adjudication. The Collaborative Mediation Law team has extensive understanding of family law and child's best interests. The experience of the team consists of background in child-development and family law, keeping the child's best interest in effect "hearing child-voice and the adults for the benefit of the child". Awards are given based on unbiased grounds and our process may be conducted virtually via zoom. Collaborative Mediation Law is able to serve the community not just in Ontario but across Canada as long as one parent has a permanent Ontario residency status.

What Is An Arbitration Process

Family arbitrators receive evidence from all parties, either orally or in writing, and allow each side the opportunity to make their legal and persuasive arguments. They must make their decisions based on the evidence that the parties have put before them.

Arbitration can be a good process choice for separating couples who have been trying for a long time to reach a settlement in mediation, or through lawyer negotiation. It can also be useful for parties who have a court case and want to bypass court with our private and confidential adjudicator.

With growing court wait times and increased costs of litigation, the arbitration process will offer an opportunity to reduce costs and secure a fair and binding result for all parties. Ontario law provides that all decisions of family arbitrators have some appeal options and that anyone agreeing to arbitration receives independent legal advice first. This helps ensure that arbitration is not prejudicial or harmful to vulnerable parties or children.

We often provide mediation-arbitration where we first try to resolve the dispute acting as a mediator. Any matters that cannot be settled in mediation are then referred to arbitration following a clear, defined process.

Our fees structure:

All Arbitration matters carry a $200 per hour fee, Mediation services are $85 per hour, Parent Co-ordinator services are $120 per hour, Voice of the child report is $85 per hour.

Here are some other potential benefits of family arbitration:

  • you get to select your adjudicator
  • you do not need to have a lawyer (although it is always recommended that you do)
  • your arbitration process can be designed to meet your family’s needs
  • arbitration is confidential unless there is an appeal
  • both parties are first screened for suitability and power imbalances, increasing the chances of a successful experience
  • although the parties pay for the time of the arbitrator, all time is used efficiently
  • The process can be expedited, with agreed limits on witnesses and the amount of time each side will have to present their case
  • it can be done by affidavit or on the basis of documents alone
  • we can include co-arbitrators or other experts if helpful
  • it can be less intimidating and less formal than court
  • it can be faster
  • you can tailor the appeal options to meet the needs of the situation
  • the parties decide what issues will be decided by the arbitrator, how long the process will take and who will be involved

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