Mediation
Whether you’re just getting started, or you’re already in the middle of a court case, you can choose to try to resolve your matter through mediation—a private and confidential process that you can attend with or without lawyers.
Mediation is a voluntary process that is tailored by the mediator to suit each participant’s needs and communication style to maximize the likelihood of a success of the process. Following an intake with each party, the mediator will determine whether it is appropriate to proceed with mediation and if so, how each step of the process will occur to ensure that each participant feels safe, supported, and heard.
If a settlement is reached, the mediator will prepare Mediation Summary Report (a draft outline of the terms of settlement) or, where everyone agrees and has a lawyer available to provide Independent Legal Advice, a draft separation agreement or similar domestic contract.
While it is not mandatory to have a lawyer to mediate, it is strongly recommended that you speak with a lawyer before commencing mediation to understand your rights and obligations under the law, and before signing any agreement. While a mediator can provide legal information, they cannot provide you legal advice.
In addition to having more than a decade of experience litigating complex legal issues and high conflict disputes, Jennifer is a trained mediator, arbitrator and parenting coordinator, and regularly represents clients who choose alternate dispute resolution processes.
Arbitration and Mediation/Arbitration
Not everyone can settle their case by negotiation or mediation. In those cases, we offer binding arbitration and mediation/arbitration (“med/arb”) services.
Like mediation, med/arb or arbitration services offer parties to a family law dispute a safe, private, and confidential* process in which to resolve their matters. Again, while having a lawyer is not required, it is recommended.
Prior to arbitration, the parties will be screened by a third party for suitability and power imbalances, then, in consultation with the parties (and their lawyers), the arbitrator will tailor the process to ensure it is completed as efficiently as possible. (Third-party screening is not required for the med/arb process.)
Unlike court, the parties agree to what issues will be decided by the arbitrator (or mediated then arbitrated in the case of med/arb), and together with the arbitrator will determine how long the process will take, who will be involved and how evidence will be submitted, and what appeal routes might be available.
If a settlement is reached, the mediator will prepare Mediation Summary Report (a draft outline of the terms of settlement) or, where everyone agrees and has a lawyer available to provide Independent Legal Advice, a draft separation agreement or similar domestic contract.
While it is not mandatory to have a lawyer to mediate, it is strongly recommended that you speak with a lawyer before commencing mediation to understand your rights and obligations under the law, and before signing any agreement. While a mediator can provide legal information, they cannot provide you legal advice.
In addition to having more than a decade of experience litigating complex legal issues and high conflict disputes, Jennifer is a trained mediator, arbitrator and parenting coordinator, and regularly represents clients who choose alternate dispute resolution processes.
While private arbitration or med/arb is not an appropriate process for everyone, it can be more streamlined and more expedient that proceeding to court.
*Confidentiality of the process cannot be preserved in the event of an appeal.
Parenting Coordination
Parenting Coordination is a secondary arbitration process generally reserved for parents who have ongoing disputes about the terms of a parenting order, parenting plan or separation agreement, and who cannot agree on the everyday matters that affect their children.
Parenting Coordination is a process to which the parents make a long-term commitment (generally 2 years) to work with the parenting coordinator who will coach them on how to reduce the conflict between them and the impact that conflict can have on their children. The parenting coordinator’s role is to educate families about the tools they need to improve their communication so that they can respectfully discuss and problem-solve child-related issues that arise from time to time with the other parent, and to mediate disputes where the parents are unable through the coaching process to resolve the issues themselves.
The parenting coordinator is also responsible for assisting to interpret the parenting order, parenting plan or separation agreement, and where an agreement cannot be reached by the parents, they authorize the parenting coordinator to decide for them through the legally binding arbitration process.
Before beginning the parenting coordination process, each parent is required to meet individually for an intake and screening meeting with the parenting coordinator, and to obtain independent legal advice before signing the Parenting Coordination Agreement.