Gary Joseph | May 2017
“What is Mediation”
There is a pervasive misunderstanding as to this form of alternative dispute resolution. Mediation involves a neutral third party working to assist the parties in reaching a settlement of their dispute. Mediation may be “open” in which case in the event that no resolution is reached, the mediator may release a report on the process. Mediation may be “closed” such that only the fact of the mediation having taken place can be disclosed if no settlement is achieved.
“What is Mediation Not”
Mediators do not impose settlement nor do they adjudicate a result. Mediators are not to give legal advice.
“What is Arbitration”
Arbitration is simply private court. It is an adjudicative process with more flexibility than litigation involving the public courts. The parties must appreciate that they pay the arbitrator and often pay for the court reporter and arbitral facility.
“When Should You Arbitrate”
When privacy concerns are paramount, arbitration avoids a public record. When issues are highly focused or require speedy resolution, arbitration is often the better way.
“When Should You Not Arbitrate”
High conflict multiple issue family law disputes do not lend themselves well to arbitration. Further where there is a clear power imbalance as between the parties, arbitration is contraindicated. Finally where cost is a significant concern, the parties should carefully consider whether arbitration is the better way.
Contact MACDONALD & PARTNERS LLP
For more information about mediation and other methods of alternative dispute resolution, call us at 416-971-4802 or send us an email to set up an appointment in our downtown Toronto or North York office.
