Alternative Dispute Resolution in Canada
Working out post-marital issues with your former spouse can be stressful. Many couples choose to fight in court, engaging in adversarial and expensive litigation. Others find alternative dispute resolution easy and inexpensive. By opting for dispute resolution, couples can avoid emotional and financial turmoil.
What is Alternative Dispute Resolution?
Alternative dispute resolution (mediation) is the process of resolving conflict in a cooperative manner. The goal is to avoid resorting to litigation.
In ADR, an impartial party helps you work out their conflicts and come to a mutually beneficial arrangement. This is the preferred method of working out conflict. It saves the expense and time associated with protracted litigation.
Why Mediation and ADR for Divorce?
Long divorces can be brutal on children. Even couples without children can experience the negative effects of litigation.
In a litigious divorce, high emotions might mean the couple is more concerned with revenge than a resolution. This can mean skyrocketing attorney’s fees and years in adversarial court proceedings.
With mediation and ADR, couples can work out their differences and get through the divorce process quickly. In dispute resolution, the parties find common ground. They work through their issues to find an agreement that works for all involved. The mediator does not make decisions for the parties, nor do they make recommendations to the court. They simply help both sides develop their own solutions.
Mediation also enables a continuing, co-parenting relationship, while avoiding long-term conflict. Litigated divorces often cost thousands of dollars and can take years to resolve. Because of the adversarial nature of litigated divorce, some never work together, even after the process is final.
In some cases, families spend a child’s entire life in court. They argue over mundane issues and spend thousands of dollars.
When Dispute Resolution Doesn’t Work
There are cases in which dispute resolution is simply not feasible. If one party is determined to “win” and fight the other party, litigation will be necessary. In some divorce law cases, the parties are not fighting for a resolution; they are fighting to hurt the other party.
Some people resort to using the children to hurt the other parent or destroying property to keep it from the other spouse. In these cases, no amount of mediation or dispute resolution will work. Dispute resolution is for mature people that are committed to doing what is best for everyone involved.
In these cases, a trained attorney who is well-versed in the law will help you to resolve your case. In most cases, the parties can opt for dispute resolution at any time during litigation.
However, it is sometimes necessary to allow a judge to make a determination about what is best for everyone.
Our Toronto divorce lawyers won’t steer you in the wrong direction. Speak to our lawyers today about family law and get your life back in order.