Mediation and Family Law: What All Disputing Parties should Know (Canada‪)‬

In today's society, the use of Alternative Dispute Resolutions (hereafter referred to as ADRs) is quickly becoming popular among disputing parties. Not only are ADRs perceived as cost effective and time saving, but they also attempt to resolve disputes while maintaining relationships between the parties. This is very important, for example, in family law disputes where children are often involved. The most commonly used form of ADR in family law disputes is mediation. Mediation is an interest-based form of dispute resolution focusing on the interests and needs of the parties as opposed to the rights-based court models that focus more on relative power positions. Mediation involves an impartial and independent negotiator, the mediator, who facilitates a discussion between disputing parties. This neutral third party offers guided solutions and helps keep discussions focused on issues of legality and equity. The mediator has no decision-making authority and acts as facilitator, not adjudicator, and it is the parties themselves that decide on the terms of settlement. Subsequently, parties to the dispute create their own settlements and adhere to the terms by their own accord. Although at first glance mediation appears to provide an ideal setting for those individuals who wish to avoid the traditional confrontational setting of court, there do exist certain dangers within the process of mediation, particularly in family law cases, that all parties should be made aware of before opting for this form of dispute resolution.