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 or partner to mediate an agreement that you both 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 contains is a mediation and arbitration clause, it is worth getting.

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

  1. It’s less expensive.
  2. It’s private. In a courtroom, everything is open to the public. This means that reporters and law students may come in and sit in on 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 legal mediation is to come to terms on the separation agreement. This is a formal agreement that lists family law issues. For example, child custody mediation will negotiate equal time between the parents. Or if one parent has child custody, then the mediation may be around child support. Other issues to be discussed in the family mediation process will be how property, as well as other assets, will be divided.

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 occurs in a confidential, timely and cost-efficient manner, with the aid of a neutral and impartial third party (mediator).

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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.

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

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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 is selecting an individual who has completed training courses and, as a result, acquired the necessary skills to effectively lead and guide you to the full and final settlement of all issues stemming from the breakdown of your relationship.

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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 you to cooperate with one another and discuss resolutions to your issues.

Therefore, parties who 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 with it may benefit from arbitration.

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

  • Book online at any time using our advanced booking software
  • Text 778-676-3808 (24/7)
  • 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 your spouses’ lawyer. If, on the other hand, mediation is not in the marriage agreement, then the other party will have to accept.

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Divorce Mediation Services

Our family lawyers only recommend mediation during divorce if the following are present:

  1. The parties are likely to be able to reach an agreement
  2. You have fewer 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 fewer 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 can help protect you and/or your child’s safety.

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.

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Family Mediation

Most of the time the first step of the mediation process is meeting with individually with the mediator. The mediator 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 few items. This is often around the children.

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

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

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 know that the findings of the family mediator may be used in the arbitration or family law court room.

The mediator has training to ensure both of you get to tell your story.

The hope is that both of you will come to an agreement. If you are not able to reach agreement, then there are two other options:

  1. Arbitration
  2. The family law court system

You should always consult a lawyer in a family law dispute. Here are three ways to reach our family lawyers:

  1. Book online at any time using our advanced booking software
  2. Text 647-360-6331 (24/7)
  3. Give us a call on our toll free line at 844-466-6LAW

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!

Summary
Review Date
Reviewed Item
Best estate lawyers north of the border!
Author Rating
51star1star1star1star1star
Summary
Review Date
Reviewed Item
Best estate lawyers north of the border!
Author Rating
51star1star1star1star1star