Dispute Resolution Options

There are various dispute resolution processes open to families and parties.

  Mediation, both Closed and Open are available, where a closed mediation, is private and confidential and is thus privileged. Open, as the word would suggest, is a mediation where some aspects are reportable, such as what matters were settled and which ones are outstanding.   Collaborate Law, is an area of family law where parties consent to the use of a collaboratively trained family lawyer, where full and unfettered disclosure is anticipated. Parties agree to come to the table with the assistance of their counsel and arrive at agreement. During the collaborative process, you and your former partner agree not to bring any court applications.   Mediation – Arbitration, is a process by which a mediator assist in developing a parenting plan and coming to agreement. When a full agreement is not possible to achieve, then the mediator takes on an adjudicative function and arbitrates the remaining issues at hand.  

Family dispute resolution may not be appropriate – when serious safety concerns exist.

Certain types of dispute resolution may not be appropriate including in cases of high conflict, power imbalance or family violence. For example, if one parent is controlling, the other parent may not be able to speak up for themselves or their children when both parents are in the same room. Accredited mediators and other family justice professionals will ask you questions about family violence and other factors to help determine which dispute resolution approach is appropriate in the circumstances. If you have concerns about family dispute resolution, it is important to discuss this with them to see if a solution is possible. [Taken from https://www.justice.gc.ca/eng/fl-df/fsfdr-firdf.html]   A great site to find more information can be found at: Justice Canada