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Difference between revisions of "Mediation, Collaborative Negotiation, and Arbitration"
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Mediation, Collaborative Negotiation, and Arbitration (view source)
Revision as of 07:48, 30 September 2023
, 07:48, 30 September 2023no edit summary
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{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, | {{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd], KC, Boyd Arbitration Chambers; [https://duncanallenlaw.com/team_member/tannis-baradziej/ Tannis Baradziej], Duncan Allen Law LLP; and Manjeet Chana, People's Law School|date= August 2021}} {{Dial-A-Law TOC|expanded = disputes}} | ||
Going to court over a family law problem can be stressful, time consuming, and expensive. Learn how to use | Going to court over a family law problem can be stressful, time consuming, and expensive. Learn how to use mediation, collaborative negotiation, or arbitration to resolve issues without going to court. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Alert!''' | |align="left"|'''Alert!''' | ||
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021. | This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021. | ||
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===What mediation involves=== | ===What mediation involves=== | ||
In '''mediation''', the people in a conflict meet with a neutral person — a '''mediator''' — who helps them talk to each other and find a solution they agree on. Usually the mediator is a lawyer or another trained professional. A family lawyer who works as a mediator can also offer general information about family law. | In '''mediation''', the people in a conflict meet with a neutral person — a '''mediator''' — who helps them talk to each other and find a solution they agree on. Usually the mediator is a lawyer or another trained professional. A family lawyer who works as a mediator can also offer general information about family law. | ||
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====Advantages of mediation==== | ====Advantages of mediation==== | ||
Mediation is '''less expensive''' than going to court. You may be able to get free mediation help from a family justice counsellor (a specially trained government worker). Or you can contact a private mediator and ask about the cost and mediation process. Private mediators usually charge an hourly rate, and you and your ex will usually split the cost. | Mediation is '''less expensive''' than going to court. You may be able to get free mediation help from a family justice counsellor (a specially trained government worker). Or you can contact a private mediator and ask about the cost and mediation process. Private mediators usually charge an hourly rate, and you and your ex will usually split the cost. | ||
Mediation can lead to a resolution '''faster''' than a court action. And it’s a '''more private''' process. | Mediation can lead to a resolution '''faster''' than a court action. And it’s a '''more private''' process. Because it’s confidential, any proposals made during mediation can’t be used against you down the road or if you go to court. | ||
====How long a mediation takes==== | ====How long a mediation takes==== | ||
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At the end of a successful mediation, a mediator will sometimes prepare written '''minutes of settlement'''. These are notes, made during the mediation itself, that describe how you and your spouse settled your issues. | At the end of a successful mediation, a mediator will sometimes prepare written '''minutes of settlement'''. These are notes, made during the mediation itself, that describe how you and your spouse settled your issues. | ||
When the mediator '' | The mediator may or may not be a lawyer. When the mediator is a lawyer, remember that they are not ''your'' lawyer. But, they will sometimes prepare a more formal written document — called a separation agreement — ''after'' the mediation. It’s a record of how each issue was resolved. It also sets out the terms of the agreement you and your spouse made at the mediation. | ||
When the mediator ''is not'' a lawyer, one person’s lawyer will usually prepare the formal agreement. Regardless of who writes the agreement, you and your ex should get | When the mediator ''is not'' a lawyer, one person’s lawyer will usually prepare the formal agreement. Regardless of who writes the agreement, you and your ex should get independent legal advice from separate lawyers. You should do this ''before'' you sign the agreement. This involves each of you meeting with your own lawyer (if you have one) to get legal advice about: | ||
* what the agreement means | * what the agreement means | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Consider unbundling''' | |align="left"|'''Consider unbundling''' | ||
The website [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] can help you find a lawyer who will review a draft of your agreement and give you independent legal advice before you sign it. | The website [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] can help you find a lawyer who will review a draft of your agreement and give you independent legal advice '''before''' you sign it. | ||
|} | |} | ||
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===How can I find a mediator?=== | ===How can I find a mediator?=== | ||
It depends on what kind of mediator you are looking for. | It depends on what kind of mediator you are looking for. | ||
[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Family justice counsellors] are trained mediators who may be able to help at no cost. They assist people with guardianship, parenting arrangements, contact, and child or spousal support disputes. At some Provincial (Family) Court locations, meeting with a family justice counsellor is one of the first steps in the court process. Phone 604-660-2421 in the Lower Mainland, 250-387-6121 in Victoria or toll-free 1-800-663-7867 elsewhere in BC. Ask to speak with a family justice counsellor at the nearest Family Justice Centre or Justice Access Centre. You can also [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice visit the BC government’s Family Justice website]. | [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Family justice counsellors] are trained mediators who may be able to help at no cost. They assist people with guardianship, parenting arrangements, contact, and child or spousal support disputes. At some Provincial (Family) Court locations, meeting with a family justice counsellor is one of the first steps in the court process. Phone 604-660-2421 in the Lower Mainland, 250-387-6121 in Victoria or toll-free 1-800-663-7867 elsewhere in BC. Ask to speak with a family justice counsellor at the nearest Family Justice Centre or Justice Access Centre. You can also [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice visit the BC government’s Family Justice website]. | ||
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To find a private family law mediator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website]. A private family law mediator is especially useful where the issues in dispute include how to divide up property and debts. | To find a private family law mediator, phone the '''Lawyer Referral Service''' at 604-687-3221 in Metro Vancouver or toll-free 1-800-663-1919 elsewhere in BC, or [https://www.accessprobono.ca/our-programs/lawyer-referral-service visit their website]. A private family law mediator is especially useful where the issues in dispute include how to divide up property and debts. | ||
'''Family Mediation Canada''' has a directory of some family mediators. Call toll-free 1-877-269-2970, or [https://www.fmc.ca/ visit their website]. | '''Family Mediation Canada''' has a directory of some family mediators. Call toll-free 1-877-269-2970, or [https://www.fmc.ca/ visit their website]. | ||
'''Mediate BC''' keeps a list of family mediators in British Columbia. [http://www.mediatebc.com/ Visit mediatebc.com] or call toll-free 1-877-656-1300. | '''Mediate BC''' keeps a list of family mediators in British Columbia. [http://www.mediatebc.com/ Visit mediatebc.com] or call toll-free 1-877-656-1300. | ||
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===What questions should I ask the mediator, collaborative lawyer, or arbitrator?=== | ===What questions should I ask the mediator, collaborative lawyer, or arbitrator?=== | ||
To help decide on a mediator, collaborative lawyer, or an arbitrator, you may want to meet with a few and ask some questions. Such as: | To help decide on a mediator, collaborative lawyer, or an arbitrator, you may want to meet with a few and ask some questions. Such as: | ||
* Do they belong to any professional organizations for mediators, collaborative lawyers, or arbitrators? | * Do they belong to any professional organizations for mediators, collaborative lawyers, or arbitrators? | ||
* What kind of training have they received, and how long have they practiced as a mediator, collaborative lawyer, or arbitrator? | * What kind of training have they received, and how long have they practiced as a mediator, collaborative lawyer, or arbitrator? | ||
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==Who can help== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
The wikibook ''JP Boyd on Family Law'' explains how to resolve family law disputes out of court. | The wikibook ''JP Boyd on Family Law'' explains how to resolve family law disputes out of court. | ||
:[[Resolving_Family_Law_Problems_out_of_Court|Visit website]] | |||
The '''Family Law in BC website''' from Legal Aid BC has information about mediation, collaborative lawyers, and arbitration. | The '''Family Law in BC website''' from Legal Aid BC has information about mediation, collaborative lawyers, and arbitration. | ||
:[https://family.legalaid.bc.ca/visit Visit website] | |||
===Free and low-cost legal help=== | ===Free and low-cost legal help=== | ||
Family justice counsellors in '''Family Justice Centres''' throughout BC can help with guardianship, parenting, child support, and related issues. Their services are free. | Family justice counsellors in '''Family Justice Centres''' throughout BC can help with guardianship, parenting, child support, and related issues. Their services are free. | ||
:Call 1-800-663-7867 (toll-free) | |||
:[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website] | |||
Also check '''Unbundling Legal Services''' at [http://unbundlinglaw.ca/ unbundlinglaw.ca] for family lawyers and paralegals open to being hired for discrete tasks on a family law matter. | Also check '''Unbundling Legal Services''' at [http://unbundlinglaw.ca/ unbundlinglaw.ca] for family lawyers and paralegals open to being hired for discrete tasks on a family law matter. | ||
Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [ | Other options for legal help include legal aid, pro bono services, legal clinics, and advocates. [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ See our information on free and low-cost legal help]. | ||
{{Dial-A-Law_Navbox|type=families}} | {{Dial-A-Law_Navbox|type=families}} | ||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||