Arbitration is a binding process in which disputing parties present their case to an independent, qualified individual (the â€œArbitratorâ€) who renders a decision on the matters in issue based on the evidence and testimony presented. The parties agree in advance to be bound by the Arbitratorâ€™s decision and execute an Arbitration Agreement. Arbitration ultimately results in the Arbitrator issuing a binding decision through an Arbitration Award. Although it's not possible to litigate once an Arbitration Agreement has been executed, an Arbitration Award is subject to appeal to the Alberta Court of Appeal.
The advantages for Arbitration are as follows:
The main disadvantage of arbitration is that it is only available if both parties agree and sign a Mediation / Arbitration Agreement binding them to the process. However, once that agreement is executed, it is a binding process. Even if one party chooses not to participate, a final resolution can be achieved.
Our senior divorce lawyers have extensive experience representing clients in arbitration and also act as arbitrators and render binding decisions pursuant to the Arbitration Act. If you would like to learn more, connect with us to set up an initial consultation.
Mediation is the process of dispute resolution in which parties to a conflict agree to refer their matter to a trained, impartial and neutral third party. The neutral party assists in the clients reaching a mutually agreeable resolution by facilitating the mediation process, promoting respect of the process and ensuring there is effective communication.
Mediation can either be lawyer assisted or attended only by the parties to the dispute. In the event mediation is successful, parties enter into a legal contract outlining the terms of their settlement. If the mediation does not result in an agreement, either party is free to pursue other actions.
The advantageous of mediation are as follows:
Although mediation has its advantages, there are also limitations, including the following:
Our senior divorce lawyers have extensive experience representing clients in mediation and mediation / arbitration as well as conducting mediation and acting as the independent third party mediator or mediator / arbitrator. Connect with us to learn more and set up an initial consultation today.
If you are going through a divorce with someone who always acts like a victim, it can be extremely difficult to reach mutually agreeable outcomes. Those with a victim mentality can negatively influence the mediation process. These people often delay the time spent in mediation as they get hung up on superficial emotions instead of focusing on the problems at hand. If you are dealing with someone who always has to be the victim, read on to find out what you can do to ensure you stay in control of the mediation process.
This advice has roots all the way back to your school yard days. It's important to remember that the way other people behave has nothing to do with you. It is often a reflection of their own character. While it's tempting to point out this flaw and try to fix this behavioral pattern - stop. You cannot change how someone else behaves or views a situation. This will only leave you exhausted and burnt out. Instead, focus only on the facts of a situation and what you can control.
If you must communicate with this person, do it in a way that makes you feel comfortable. This may involve only speaking through email or legal counsel. Set time limits each day that you will read and respond to their correspondence. This will prevent you from spending hours each day getting worked up over their tactics and focusing all your attention on their draining behaviour. If you must correspond, it's often a good idea to give the other party a set number of options when decision-making. This will ensure you do not promote a back-and-forth discussion which does not result in a solution.
High conflict people create high conflict situations. Know what is important to you and focus on that. Do not burn yourself out trying to win every battle. Be realistic with yourself. This means knowing your boundaries, fighting for them, and letting the small stuff go.
As a co-parent, communication with the other party is often necessary to share information regarding your children. Know how to decipher messages. This means picking out what is important and communicating only about these topics. Remember, sometimes the best response is no response.
Your legal counsel is there to assist you legally.Â If you are having troubling dealing with the emotions of another person or your own emotions itâ€™s important to find a qualified professional to talk to. Sending long, emotional emails to your counsel will only drive up your legal bill.
If you are thinking about divorce and think mediation is right for you. Connect with us to set up an initial consultation.