What You Need to Know about Mediation and/or Arbitration in Oshawa
The McDermott Family Law Team is happy to assist with Mediation and/or Arbitration in Oshawa Superior Court and other Superior Court locations. These services are available to potentially avoid litigation and are also often recommended by Judges. The idea is to resolve any conflicts outside of Court. This process is also called alternative dispute resolution.
Here’s what you need to know about how this method works.
Going to court can be an adversarial and costly experience. Quite often it can make the dispute longer and more emotional and more expensive. Mediation and/or Arbitration requires that each party begin negotiations and look for terms that are acceptable to each.
It’s important to remember that the process is voluntary. No one can be forced to take part or agree to any terms. However, if you agree to attend Arbitration and are unable to reach an agreement during Mediation, then an Arbitrator will make decisions and award terms for you.
The Stages of Mediation and/or Arbitration in Oshawa
- The first stage is meeting with a Mediator. Mediators help people to understand each other’s perspectives and situations. Their goal is to help participants agree and compromise.
- If a Mediator can’t help you to resolve your issues, assuming you agree to the service, an Arbitrator steps in. These are often lawyers or even retired Judges who have experience in family law matters. If no agreement can be reached, this Arbitrator will decide your issues in what is called an Arbitration award.
A Mediator and Arbitrator can be the same person or different people. It is also important to get independent legal advice so you are informed and prepared during the entire process. A lawyer will be able to tell you and give you advice on how the law applies to your specific situation, and how signing agreements can alter your rights. As well, a lawyer may be required should an award potentially require an Appeal.
Mediation and/or Arbitration might not be suitable if there’s been a history of abuse or a power imbalance, potential substance abuse issues and/or serious mental health concerns.
If you need Mediation and/or Arbitration help in Oshawa and surround Superior Court locations, the McDermott Family Law Team is always looking forward to hearing from you. Please call us at 647-535-4326 or Book a Consultation. We are here to help you with a variety of different family law issues.