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Mediation and Arbitration

It may sound strange to hear lawyers say this, but the goal of our family law practice is to avoid going to court altogether.
Going to a trial is expensive and time consuming and quickly drains the financial resources of both parties.

Mediation

It’s a process where qualified family mediator, usually a senior lawyer, social worker, psychologist or other professional, listens to both sides and then works with them to arrive at a mutually satisfactory and acceptable agreement.

You’ll have the benefit of counsel and your rights will be legally protected. You’ll also have to choose between open and closed mediation.


Arbitration

Essentially, it works like this: the parties hire an Ontario qualified arbitrator to listen to their arguments and them make a decision based on the law and their sense of what’s fair.
The issues may involve spousal support, child support, custody, access and property division.

It’s important both parties understand the process they are entering into and agree the outcome is binding. The decision is then endorsed by the court, making it a court order.

So, it’s also essential both get independent legal advice.

That’s where we can help. At Bracken Feeley O’Brien we understand the arbitration process and we can explain it to you and see if it’s the right path to settle your issues.


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