Mediation, Arbitration & Parenting Coordination

Mediation

Mediation is a process whereby a neutral facilitator (the mediator) assists parties in the dispute to negotiate a resolution that meets the needs and interests of both parties.

Some of the reasons that people choose mediation:

• The parties are the decision-makers and have control over the outcome
• Discussions are confidential
• It is a flexible process
• Provides a safe and respectful environment in which to negotiate
• Mediation is less costly and more expedient than litigation
• The Rules of Court require, prior to litigation, attendance at an Alternative Dispute Resolution process (ADR)

What happens in the mediation process:

• A mediator assists the parties to identify issues; identify concerns, interests and needs; generate options for resolution; communicate more effectively; manage conflict; and remain future-focused
• A mediator does not provide legal advice or make decisions for the parties
• A mediator will provide a written report outlining the parties’ agreements

Arbitration

The arbitration process uses an independent and impartial decision-maker who makes a binding final decision for the parties based on evidence and arguments presented by the parties (or their representatives). Arbitration functions within the framework of law but outside the legal system.

Some of the reasons that people choose arbitration:

• Arbitration is less costly and more expedient than litigation
• Decisions are final and binding
• The Rules of Court require, prior to litigation, attendance at an Alternative Dispute Resolution process (ADR)

What happens in the arbitration process:

• The parties in dispute select an arbitrator who will hear the case, examine the evidence and hear the submissions.
• Once the agreement and procedure for the process are established, a hearing is held to deal with the issues in dispute

Parenting Coordination

Parenting Coordination is a mediation-arbitration type process used to assist high conflict, separated/divorced parents in implementing their parenting plans in an expedient and cost-efficient manner.

Some of the reasons that people choose Parenting Coordination:

• It is a place where parents can resolve disputes around the details of their parenting plans
• In these specific types of situations, this process is more suitable to the parents’ and childrens’ needs than is the court process
• The parents can learn more effective communication and conflict resolution skills
• The Parenting Coordinator may speak with other professionals involved with the family
• A legally binding decision may be rendered by the Parenting Coordinator if the parties cannot first reach an agreement themselves
• Parenting Coordination is less costly and more expedient than litigation

What happens in the Parenting Coordination process:

• A Parenting Coordinator of the parents’ choosing is appointed by way of a Consent Court Order and an Agreement to Mediate-Arbitrate
• The Parenting Coordinator educates the parents about the effects of divorce and conflict on children, and teaches the parents more effective communication and conflict resolution skills
• The parents can attempt to resolve their disputes in the open mediation phase of the process, and if they reach an impasse the Parenting Coordinator has the authority to make a legally binding decision for the parties in the arbitration phase of the process
• The resulting document, an Award, is a legally binding document enforceable by the Court