Family Mediation and Arbitration

Mediation and arbitration are vital components in the resolution of family law disputes in Ontario, with family law mediation offering an alternative to address conflicts outside of traditional court proceedings. Both methods prioritize the needs and interests of the involved parties to achieve mutually acceptable outcomes.

Mediation involves the assistance of a neutral third party, known as a mediator, who facilitates discussions between the parties. The mediator’s role is to help identify the underlying issues, encourage open communication, and guide the parties towards a voluntary agreement. Mediation is particularly beneficial in family law cases, as it allows the parties to retain control over the decision-making process. This approach is often less adversarial, reducing the emotional strain and preserving relationships, which is especially important when children are involved. Mediation can be an effective tool for resolving various family law matters, including divorce, child custody, support arrangements, and property division.

Arbitration involves a more formal process where a neutral third party, known as an arbitrator, is appointed to make binding decisions after hearing both sides. Unlike mediation, where the outcome is negotiated by the parties, arbitration results in a decision made by the arbitrator, which the parties must adhere to. Arbitration can offer a more expedited resolution compared to court proceedings, providing a definitive outcome without the lengthy process associated with litigation. This method is particularly useful when the parties require a resolution but cannot reach an agreement through mediation or negotiation.

Both mediation and arbitration offer distinct advantages, and the choice between the two depends on the specific circumstances of the case. Mediation is often the preferred first step, given its emphasis on cooperation and preserving relationships. However, when parties reach an impasse, arbitration can serve as an effective way to achieve a final resolution.

At Devry Smith Frank LLP, we are committed to guiding our clients through these processes with a focus on achieving fair and equitable results. Our Ontario family law lawyers provide skilled mediation services and are well-versed in arbitration, ensuring that our clients have access to all available options for resolving their disputes. We understand that family law matters are deeply personal and require a tailored approach, which is why we work closely with our clients to determine the most suitable method for their unique situation.