Mediation & Arbitration

At ClearWay Law, we feel it is important to keep you out of the courtroom if possible. We work with you and your spouse to mediate an agreement that both parties can live with. We find arbitration is also less stressful on the family and can reduce your legal costs.

Our family lawyers always suggest getting a marriage agreement. If the only thing that your marriage agreement containers if a mediation and arbitration clause, it is worth getting.

Mediation is when a third party (normally a lawyer) is hired to try and bring both parties to a settlement. This often happens in the boardroom of the non bias law firm. The point is to avoid court. There are two main benefits of avoiding court:

  1. It’s less expensive
  2. It’s private. In a court room everything is open to the public. This means that reporters and law students may come in and sit in your family law trial.
  3. It is often much quicker. Going to court can take years. Mediation may take a few weeks.
Newmarket Ontario

Legal mediation

The point of the legal mediation is to come to terms on the separation agreement. This is a formal agreement that lists the terms on all the family law issues. Child custody mediation will negotiate equal time between the two parents. Or if  one parent has child custody, then the mediation is around child support. Other issues to be discussed in the family mediation process will be how property will be divided as well as other assets.

Frequently asked Questions

What is family law mediation?

Family mediation is an informal method of alternative dispute resolution available to parties who are seeking a divorce or separation.

The process done in a confidential, timely and cost-efficient manner with the aide of a neutral and impartial third-party (mediator).

How long does mediation take?

Mediation will take as long as necessary to ensure the resolution of all issues in dispute or it will end when it appears that there is no reasonable prospect of resolving the dispute. The length of the mediation process varies and it will most likely depend on the number of the issues involved and the parties’ ability to communicate and co-operate with one another.

The ability of both you and your spouse to be cooperative and agreeable will also influence the length of the process and will definitely speed it up saving you both time and money.

Who typically acts as mediator?

Typically, mediators are social workers, lawyers, or psychologists. However, the role of a mediator is not limited to those listed above, as it is possible for any professional to act as a mediator.

The most important consideration with regards to mediators is selecting an individual who has completed training courses and as a result acquired the necessary skills to effectively lead and guide spouses to the full and final settlement of all issues stemming from the breakdown of their relationship.

What situations are best resolved with arbitration?

Arbitration contains an adversarial quality to it and removes decision-making authority from the parties and vests it in an impartial arbiter. There is no need for the parties to cooperate with one another and discuss resolutions to their issues.

Therefore, parties that are not amicable or parties who do not wish to preserve and maintain a friendship yet who wish to reduce the costs of litigation and the delays associated therewith may benefit from arbitration.

Our family mediation lawyers are willing to help guide you through the mediation. It is good to consult with a lawyer become entering into a family mediation. There are three ways to reach out family lawyers:

  1. Book online at any time using our advanced booking software
  2. Text 778-676-3808 (24/7)
  3. Give us a call on our toll free line at 844-466-6LAW (524)

Our Toronto family law firm offers divorce mediation, family mediation, child custody mediation, and child mediation.

The family mediation process is quite simple. Your lawyer will reach out to the other sides lawyer and recommend mediation. If you have a marriage agreement that says that disputes will go to mediation, there is no need to reach out to the other spouses lawyer. If mediation is not in the marriage agreement, then the other party will have to accept.

Divorce Mediation Services

Our family lawyers don’t always recommend mediation. It is only good to suggest mediation if the following two things are present:

  1. The parties are likely to be able to reach an agreement
  2. Our client has less financial resources than the opposing party

If one of the parties is not going to be open to settlement because of their circumstances, it is best to head directly into the court system.

In the family law system, the party with less financial resources may settle quickly (and accept a bad deal) because they are afraid of becoming bankrupt from legal fees.

Mediation is also not recommended when there is the risk of assault and child neglect. Judges have a lot of power to protect the safety of one spouse and/or the child.

Chantalle Sawision, Family Law Lawyer

Ms. Sawision practices in the area of Family Law, specifically dealing with child custody and access issues, child and spousal support issues and the negotiation and litigation of financial issues. A skilled negotiator and advocate, Ms. Sawision has helped numerous clients reach satisfying settlements and successfully argued on behalf of her clients on a variety of family law issues.

In addition to her role as an advocate, Ms. Sawision is also experienced in Alternative Dispute Resolution and has assisted parties in reaching fair and reasonable settlements in an amicable and cost-effective manner.

Ms. Sawision graduated from Bond University with a Juris Doctor (J.D.), Law and will work day and night to surpass your expectations and provide an experience that is not merely transactional, but transformational. Her main priority is to be your partner through legal disputes, not just your legal counsel. She will work with you to create a strategic, results-focused path to help achieve the best outcome.


Family Mediation

Most of the time the first step of the mediation process is meeting with the mediator individually. The mediation will want to hear both parties case and make a list of the items that the parties agree on, and a list of the items the parties still need to negotiate. Most of the time, the parties may agree on 80% of the issues, but cannot agree on the final fee items. This is often around the children.

The mediator will clearly outline the family mediation process and steps to mediation.

The main role of the mediator is to be non bias. This means the mediator will not befriend or get close with either party. This is true even for the party that found and hired the mediator.

Mediators do not have the power to make a final judgement in the way that an arbitrator or a family law judge can. However, it is important to note that the findings of the family mediator may be used in the arbitration or family law court room.

The mediator has training to make sure that both parties get to tell their story.

The hope is that both parties will come to an agreement. If the parties are not able to come to an agreement, then there are two other options.

  1. Arbitration
  2. The family law court system

You should always consult a lawyer when in a family law dispute. There are three ways to reach out family lawyers:

  1. Book online at any time using our advanced booking software
  2. Text 778-676-3808 (24/7)
  3. Give us a call on our toll free line at 844-466-6LAW (524)

Our family lawyers have a wealth of experience and they are willing to share their knowledge with you. Some clients choose to self represent, but hire our law firm to coach them on how to attend court. We are flexible and are available to assist you whenever you need us. We hope you choose to reach out to us!