Mediation/Arbitration
Mediation / Arbitration is an increasingly popular method of resolving family law disputes.
Rather than appearing in court and having a judge decide the case, the spouses sign an agreement to refer the case to a Mediator / Arbitrator.
The first stage of the process is Mediation. The spouses and lawyers meet with the Mediator / Arbitrator. They try to work out a settlement. During this stage, the Mediator / Arbitrator tries to persuade the spouses to settle but has no power to impose a settlement.
If the Mediation is successful and a final agreement is reached, the case is over and the Arbitration never occurs.
If not, then the process moves to stage two, Arbitration. This is similar to litigation in that the Mediator / Arbitrator assumes a judge-like role and has the power to impose solutions on spouses. The process is similar to a court process although it takes place in a boardroom rather than a courtroom. The hearing is not open to the public.
Mediation / Arbitration is well established in Ontario. Judges regularly enforce awards of arbitrators.
Our experience is that most cases end up settling in the Mediation stage. Full blown arbitrations are the exception not the rule. The Mediator / Arbitrator has great influence on the spouses at the Mediation stage because the spouses know that he or she will be the Arbitrator if the case moves to the second stage.
