Many legal disputes can be resolved without going through the traditional court process. Mediation and arbitration are alternative dispute resolution processes that allow parties to resolve disputes outside the traditional court system. These approaches can often be faster, more flexible, and more private than court proceedings.
Mediation or arbitration may be appropriate when parties wish to resolve disputes without the time, cost, and stress often associated with court proceedings. These approaches can be particularly helpful when the parties want greater control over the outcome or prefer a more private and flexible process.
They may be suitable when:
Mediation or arbitration may be a good option if you want to resolve a dispute without going through a full court process. Our team can review your situation, explain your options, and help you determine which path may be the best fit for your family. If you are in need of a mediator, Resolve Legal Group’s mediation team includes: Cyndy Morin, Katie Ayer & Eric Law.
Mediation is a collaborative process where a neutral third party helps both sides work toward an agreement that meets each parties’ interests. Mediation is non-binding unless the parties come to a mutual agreement in mediation. Arbitration is more formal, where an arbitrator reads and listens to the evidence, and makes a decision binding on the parties. Arbitrators are selected by the parties. The arbitrators get their jurisdiction and authority to make binding decisions pursuant to the provisions Alberta’s Arbitration Act Arbitration Act, RSA 2000, c A-43
Parties can select one professional to act as both their mediator and arbitrator. The mediator tries to bring the parties toward resolution through facilitating communications between the parties (and their respective lawyers) with a focus on interest based negotiations. Mediation is only binding if the parties reach a settlement, and the terms of the settlement are put in writing in an agreement. In the event that the parties are unable to reach an agreement in mediation, the mediator’s role converts into an arbitrator’s role. While in mediation resolution is reached with open communication on a “without prejudice” basis, if that mediation is converted to arbitration the arbitrator has a duty to follow the law rather than negotiate the personal interests of each of the parties. Arbitration occurs when the parties are unable to come to an agreement on their own and it becomes necessary for an arbitrator to make a binding decision on behalf of the parties.
No, but it is highly recommended. In Alberta, a separation agreement needs to have three elements present in order to be legally binding. These are: 1. Full exchange of financial information between the parties; 2. The parties must not execute the agreement in the presence of one another; and 3. Each party must obtain their own independent legal advice. The reason why we recommend having your legal counsel present in mediation is so they can understand how the parties came to their decision. Without legal counsel being present, if an agreement deviates from the law substantially, counsel may not sign off on the independent legal advice required for the agreement to be legally binding in Alberta. It is more efficient, and even though it sounds counter intuitive, having a lawyer present at a lawyer assisted mediation can often save on legal fees because agreements can be made in real time with all the parties present. This avoids delays and any misinterpretation in communications.
Alternative dispute resolution can be used for many legal matters, including but not limited to family disputes, property issues, business disagreements, estate conflicts, employment contracts and other civil matters where both sides are open to resolving the issue outside of court.
In many cases, ADR can be faster and more cost-effective than traditional litigation. The timeline depends on the complexity of the dispute, the willingness of each party to participate and negotiate, and the process being used.
Yes. If an agreement is reached in mediation, the terms agreed to can be put into a formal written agreement/contract or a consent order. Both written agreements and consent orders are legally binding. Our team can help ensure the terms agreed upon are properly documented and clearly understood before anything is finalized to protect your interests.
Our team is here to help you understand your options and take the next step with confidence. Whether you have questions about your situation, need guidance on the right process, or are ready to move forward, we can provide clear support tailored to your needs.
Contact our Client Support Coordinator at 403-229-2365 or click the “Contact Us” button to contact us online.
