Alternative Dispute Resolution
What is Alternative Dispute Resolution?
Mediation, Collaborative and more.
When thinking of legal disputes, many people think of law suits and showy arguments in court. However, real life isn't like what you see on TV. Court is stressful, slow, expensive and uncertain. In family and business matters, each legal issue is unique, and personal. The best solution does not always fit into the court model. There is a trend now to look for better, more efficient processes to resolve legal disputes.
"Alternative Dispute Resolution" is just what it sounds like, an alternative to resolving those traditional legal disputes. ADR solves things in a way that supports financial and emotional health. There are different options to try, but all have the same mission: to create a safe environment where people can find their own solutions that work for both sides.
At Kinetic Law, our lawyers are highly trained negotiators. We have the skills and training that give you many options in dealing with your legal matter.
Keep reading below to find out about the particular ADR options we offer.
You and the other party meet in person with a trained, neutral mediator. You work through everything in your dispute together. Usually, lawyers do not need to attend. A mediator is highly trained in facilitating open, honest settlement discussions. Most importantly, mediators provide a safe space to help people reach agreements that work for both sides.
You will first agree to behaviour guidelines and sign a Mediation Agreement This confirms your understanding and consent to the process. You will engage with the other person, have your say on what’s important to you personally, and solve the tough questions in your dispute. Everything said during mediation is confidential and cannot be used against you in court. As a result, this allows for candid discussion. You and the other person make the final decision on how to resolve things.
Once you reach an agreement in mediation, the Mediator or a separate lawyer will write the agreement into a formal settlement contract. At the end, both parties will sign the settlement agreement with their own lawyer to get full legal advice. The mediator does not provide legal advice.
Mediation is commonly available for family law, however it can be useful for many other disputes. Fights between family members, business partners, neighbours and more can be solved in mediation. As well, mediation can involve more than just two people. When it comes to resolving matters through mediation, there are many possibilities.
At our firm, Kimberley is a lawyer and a mediator. Her neutral, understanding approach and her knowledge of the law will help you reach a total solution that works long-term. In this process, Kimberley acts only as a neutral and does not represent you as a lawyer.
Why people are choosing "Good Divorces"
Each year, thousands of separations and divorces are processed through the Alberta courts. There are many stories of "ugly", "bad" or "one-sided" separations. There has been important research which shows two major findings:
- A separation or divorce will be one of the most difficult events in your life, and
- Conflict between parents badly impacts brain development in children, affecting their health as adults.
Yet, for each negative story, there is a positive one. There is a clear trend in people seeking calmer, healthier separations. From selfies at the court house to "conscious uncoupling", those going through a separation are looking to move on with their lives with dignity, agency and lower costs.
At our office, we provide Mediation and Collaborative Law services to give you a choice in how to resolve your separation.
For more information on mediation in the divorce context, check out the Alberta Family Mediation Society: http://afms.ca/faq
Both Mediation and Collaborative Law are family-centred conflict resolution processes that end with a mutually agreeable solution.
Successful mediation and collaborative files reach a full, final legal agreement that leaves both sides feeling positive, all in less time than a traditional divorce through the courts.
Families go through many emotional and legal difficulties other than just divorce. Just because a legal problem arises, it does not mean the family or friend relationship needs to end negatively. We can also provide mediation or collaborative services for those dealing with inheritance and estate disputes, small business disputes and disagreements over property.
If matters cannot be resolved by agreement, we can also assist with more tradition court-centred options. For more general information on Family Law and what our lawyers can help you with, see our Family Law services page. You can also get some interesting information from our Blog. Above all, you need to meet with a lawyer to get legal advice.
DISCLAIMER: This web site is for convenience and informational purposes only. The content is not intended to be a comprehensive or detailed statement concerning the matters addressed, legal or otherwise. The information provided is not legal advice or any other kind of advice. You should seek appropriate, qualified professional advice before acting or omitting to act in your personal or legal matter. To get legal advice, you can contact us directly and make an appointment to meet with a lawyer in person. We cannot and do not provide advice on our website or otherwise online.
Mediation Collaborative Arbitration