MEDIATION & ARBITRATION
If you landed on this page, you may require the assistance of a Toronto mediation lawyer. Rely on Gottlieb Law Firm when you demand excellence, commitment and experience.
It isn’t surprising that many couples separate and say to one another: “Let’s do this without lawyers”. Couples want to save money and hope to work matters out themselves. This is where Alternate Dispute Resolution mechanisms come in handy.
Toronto Mediation Lawyers
Mediation is a process by which couples and a chosen mediator work together to discuss, negotiate and ultimately agree upon a roadmap for a “healthy” separation. Conflict is minimised. Anxiety is reduced. Agreements are better managed and adhered to as a result of the fact that separating couples work out the Plan together. In other words, when a Plan is derived by the parties themselves after having extensive discussions about how to make it work for the betterment of the family unit as a whole, the Plan itself has the best chance of success. Success can be measured by how likely the Plan will be adhered to with the least amount of conflict. Mechanisms are employed to allow for flexibility to permit day to day blips as well as for major disruptions. It presumes the parties are respectful, willing to cooperate for the sake of the family unit, and have trust that each will do their best to make a difficult situation better and will follow the Plan.
The mediation lawyer guides the discussion, recommends avenues of resolution, and employs expertise to efficiently and effectively bring parties to resolution. Often, this process is cost efficient and expeditious. Court battles are expensive. They are time consuming and could last years. Court battles are emotionally taxing. In most court battles or negotiations that arise within litigation, parties are focused on their positions in the litigation rather than their true interests. Litigation brings out the worst in people. Mediation helps focus parties on what can be done by the parties themselves rather than what is imposed upon them by a Judge.
An agreement that derives from mediation is initially embodied in a negotiated Memorandum of Understanding. The MOU is then taken to your lawyers for final review and tweaking. Agreements are then signed and witnessed and the negotiated Plan begins to take effect. In other words, lawyers are not avoided but lawyer work is minimised.
MOUs encompass all issues. These areas of focus include solutions for parenting matters (custody, access), child and spousal support, property division (equalization), debt management, matrimonial homes or apartments, asset and chattel (contents) allocation, required releases and many other topics the parties themselves want to include.
Gary Gottlieb of Gottlieb Law Firm has mediated matters for many couples over the years. The lawyers at Gottlieb Law Firm have participated in countless mediations as well. Our lawyers have participated in mediations in both the family law and child protection worlds with great success.
When looking to Gary Gottlieb to mediate your disputes, you will find an experienced professional who employs sophisticated communication techniques to bring the parties to “YES”. He is well able to refocus parties to their true interests and manages parties who are highly positional with great finesse. He can suss out inequality between the parties and uses his expertise to equalise power to allow for a truly reliable negotiation that has each person know they are being heard. Power imbalances are balanced. People are separated from the problem that needs to be solved. Interests are paramount, not positions. Options for mutual gain are explored in detail. Objective criteria are established to focus discussions and solve problems. Dirty tricks are unmasked. Imposters are quickly exposed.
When pure Mediations prove unwarranted or unsuccessful, and for some it does, Gottlieb Law Firm recommends mediation/arbitration.
Mediation/Arbitration (Med/Arb) and Pure Arbitration
Mediation/Arbitration or Med/Arb as it is known, is a hybrid process. A mediator chosen by the parties to negotiate an agreement ends the mediation process and becomes an Arbitrator. The ability of a mediator to do this must be agreed upon in writing before the process begins. The Arbitrator must then wear a different hat and become the chosen decision maker. This hybrid form of Alternate Dispute Resolution is quite common in Toronto.
When a mediation evolves into an arbitration, the mediator becomes the decision maker. Evidence is called in a formal fashion and cross examinations are allowed. This is a quasi-court proceeding enables the parties to prove their case and have a third party decision maker determine the disputed issue on a final basis. A formal written decision is prepared and delivered to the parties who are bound by the decision. Arbitrations can be conducted with or without counsel. Having counsel by your side is always beneficial in these proceedings as counsel know the rules of evidence and can ensure your case is presented well.
Arbitrations are governed by the Family Law Act and the Arbitrations Act. The arbitrator must be keenly aware of the law relating to this formalised proceeding.
What benefits the participants is the fact that decisions get made more quickly than through the usual court process.
Reference to www.attorneygeneral.jus.gov.on.ca will provide additional information about this process.
Gary Gottlieb is an arbitrator well versed in making decisions for parties who are at odds. All counsel at Gottlieb Law Firm have represented parties in these proceedings. It is very important that you get our legal advice in these forms of alternate dispute resolution. We can help guide you through the process. Let us steer you in the right direction.