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How a mediator or arbitrator can help

Mediators and arbitrators are neutral, trained professionals who can help you and the other person resolve legal issues without going to court.

Mediators help you and the other person come to an agreement while arbitrators make decisions for you. Both mediators and arbitrators can deal with many family law issues and can get involved at any time in the process.

Need to know

  • Mediators and arbitrators are trained professionals who help you resolve legal issues outside of court.
  • Mediators help you and the other person come to an agreement.
  • Arbitrators hear from both you and the other person and then make a decision, much like a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta..
  • Mediation-arbitration is where you start with mediation and then move into arbitration if you cannot agree but still have issues left to resolve.
  • There are databases to help you find a qualified mediator or arbitrator near you.

Who are mediators and arbitrators

Mediators and arbitrators are professionals with training in the law and in resolving disputes. Some, but not all, mediators and arbitrators are lawyers. They are neutral third parties, meaning they are not connected to you or the other person.

Mediators and arbitrators can help you resolve disputes after separation outside of court. Their services are often cheaper and faster than court, and you have more control over the process. You can work with a mediator or arbitrator whether or not you have a lawyer representing you.

Your meetings with the mediator or arbitrator are confidential. You cannot share what you discuss with anyone else, including the court.

Mediation vs. arbitration

Mediation

This is a confidential process where you and the other person work with a mediator, who helps you come to an agreement on your issues. They cannot decide for you. Decisions you make during the mediation are not binding, meaning no one can make you follow them, unless you include them in a separation agreement or consent order.

Arbitration

This is a confidential process where an arbitrator hears from you and the other person and then makes a decision about your issues. Much like a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta., the arbitrator bases their decision on the evidence and the law. Their decisions are usually binding, meaning they can be enforced like a court order.

Mediation-arbitration

Also known as med-arb for short, this is a confidential process that starts as a mediation and then turns to an arbitration if you and the other person cannot reach an agreement on all of your issues. You can choose someone who is both a mediator and an arbitrator so that you do not have to hire another professional to make decisions if the mediation is unsuccessful. You can also choose a separate arbitrator once mediation ends.

If you are concerned about family violence

Mediation and arbitration do not work for all families. If you are concerned about family violence, talk to a mediator or arbitrator first to see if their process will meet your needs and keep you safe. If not, other ways to resolve disputes may be better for your family.

When a mediator or arbitrator can get involved

Mediators and arbitrators can help resolve your legal issues at any point in time, both before and after you have gone to court. They can help with a single issue or they can help with several issues over time, depending on your needs.

A mediator or arbitrator may get involved if:

  • you and the other person agree to hire a mediator or arbitrator to help with any legal issues that come up after your separation
  • you and the other person signed a separation agreement that says you agree to go to mediation or arbitration to resolve issues before going to court
  • the court orders you to try a dispute resolution process, such as with a mediator or arbitrator, before coming back to court

If you are in the middle of a court process and agree to go to mediation or arbitration, the court can incorporate the terms of that process into a court order. For example, the court can make an order that confirms you will attend mediation/arbitration, the name of the mediator/arbitrator (if you have agreed on one and confirmed they are available) and how you are paying their fees.

Pros and cons of mediation and arbitration

Mediation

PROS

  • A mediator helps you and the other person stay on track.
  • If you come to an agreement, the mediator will write down your decisions, which you can put into a separation agreement or consent order.
  • The Government of Alberta offers free mediation services to those who qualify.
  • It is a confidential process, meaning what happens during the mediation is not shared outside the mediation, except for any decisions you agree on.

CONS

  • A mediator cannot make a decision if you and the other person cannot agree.
  • A mediator cannot give legal advice, only legal information.
  • Decisions you make during mediation are not binding on you and the other person unless you include the details of your decisions in a separation agreement or court order.
  • If the mediation is not successful, you will have to try other options to resolve your disputes.

Arbitration

PROS

  • An arbitrator makes a final decision if you cannot agree.
  • The arbitrator can work with you throughout your case, meaning you do not have to retell your story to different people like you would if you have to go to court several times.
  • The arbitrator’s decision is binding on you and the other person.
  • It is a confidential process, meaning what happens during the arbitration is not shared outside the arbitration, except for any decisions the arbitrator makes.

CONS

  • Arbitration is more expensive than mediation because it takes more time for the arbitrator to make a decision.
  • You are stuck with the arbitrator’s decision even if you don’t like it.

Mediation-arbitration

PROS

  • You can agree for the person to start as a mediator and then become an arbitrator if you cannot come to an agreement.
  • The mediator-arbitrator can work with you throughout your case, meaning you do not have to retell your story to different people.
  • It is a confidential process, meaning what happens during the mediation-arbitration is not shared outside the mediation-arbitration, except for any decisions you agree on or the arbitrator makes.

CONS

  • If you do not like the mediator-arbitrator you choose, it may be difficult to end the contract, depending what it says.

Find a mediator or arbitrator

It is important to choose a mediator or arbitrator who knows the laws about the issues you need help with.

The following resources can help you find a mediator or arbitrator near you:

You can search for a mediator or arbitrator online but be sure to review their qualifications and experience to make sure they meet your needs.

Once you and the other person agree on a mediator or arbitrator, the professional will walk you through their process. You will have to sign a contract with them, which will set out their services and fees.

You and the other person must figure out how you will pay the mediator or arbitrator’s fees. The fee depends on which professional you choose, how complicated your situation is and how long you need their services for. Some offer reduced fees based on income, known as sliding scale fees.

Prepare for mediation or arbitration

Prepare for your mediation, arbitration or mediation-arbitration by following these tips:

  • Review all your documents and bring them with you.
  • If you are dealing with property or support payments, share financial information with the other person and bring the documents to your mediation/arbitration meetings.
  • If you are dealing with parenting issues, complete the free Parenting After Separation course.
  • Identify the issues you need to resolve and brainstorm ideas for resolving them.
  • Be open to new ideas for resolving your issues and be willing to compromise.
  • If you have children, focus on their best interests, not your own interests.

Potential issues

You cannot afford to pay for a mediator or arbitrator.

See if you qualify for the Government of Alberta’s free Family Mediation program. If not, search online for mediators or arbitrators who offer sliding scale fees, which are reduced fees based on your income. You and the other person can also agree for one of you to pay the fees upfront and for the other person to pay back their share over time.

You are unhappy with your mediator or arbitrator’s work.

Read your contract to see what it says about how to resolve disputes with your mediator or arbitrator. Also, try to separate your feelings about their decision from how they conduct themselves. You may be unhappy with their decision but that doesn’t necessarily mean the process was unfair or their work was not good.

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