Alternative Dispute Resolution refers to resolving cases outside of court. The parties may choose to privately retain a mediator to assist with settling outside of court.
One form of mediation is utilizing the services of a parenting coordinator.
There are two main types of mediation:
- open mediation, where matters discussed in mediation can be discussed in future court papers and at trial;
- closed mediation, where absolutely nothing discussed at medication can leave the four walls of the mediation room.
Mediation can take place with only the spouses and a mediator present or it can take place with both spouses represented by their lawyers before the mediator.
If the parties do not resolve their dispute through mediation, parties may agree to arbitration. Arbitration is a more formal process wherein parties should attend with their lawyers. In arbitration, the arbitrator will make a decision which is ordinarily respected by the courts and has the same force and effect as a court Order.
The parties can agree that if mediation fails, their mediator will become the arbitrator.
The parties must pay for the services of the mediator and arbitrator on their own.
Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.
To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at firstname.lastname@example.org