Mediation and Arbitration: Resolving Family Matters Without Going to Court

If you’re facing a separation or divorce, court is not the only way to resolve a separation or divorce — and for many families, it isn’t the best one.

A costly court battle can cause more harm to family members who are already experiencing emotional pain and financial strain. The good news is that many family law matters in Alberta are resolved without going to trial.

Mediation and arbitration are two powerful alternatives. At Nicholson Family Law, we use them to help clients resolve their matters faster, more affordably, and with far more control over the outcome.

Mediation: A Conversation With a Purpose

Mediation brings both parties together with a neutral third-party mediator whose job is to guide, not decide. 

Mediation is typically confidential and without prejudice, meaning discussions generally cannot be used in court later, subject to limited exceptions.

In Alberta, parties are required to attempt some form of Alternative Dispute Resolution (ADR) before proceeding to court. Mediation satisfies that requirement, and often families arrive at mutual agreements.

One of the greatest strengths of mediation is flexibility. A judge can only order what the law permits. A mediator can help you build solutions a court never could — arrangements tailored to your family’s actual life.

When an agreement is reached, it’s documented and can be formalized into a binding contract.

Mediation doesn’t always resolve everything. When it doesn’t, arbitration is usually the next step. 

Arbitration: A Private Court, On Your Terms

Think of arbitration as hiring a private judge. Under Alberta’s Arbitration Act, an arbitrator has the authority to make binding, enforceable decisions, but the process is shaped by the parties and their lawyers, not the court system.

Arbitration can be structured to be as simple or as complex as your family situation merits. 

Before arbitration begins, both parties must sign an arbitration agreement, a legally binding contract that defines exactly what the arbitrator has authority to decide. This is not a document to sign without legal advice. 

Key things to understand before you sign:

• Scope of issues: Whatever you put in that agreement comes off the table at court. Choose carefully.

• Appeal rights: Under the Arbitration Act, you can limit the parties’ right to appeal. More importantly, parties can agree in the arbitration agreement to waive appeal rights, making the final decision binding and without recourse. Your lawyer can advise on what’s appropriate for your situation.

• Costs: Arbitrators set their own hourly rates, typically split between parties. An experienced family lawyer will know which arbitrators are worth the rate and have a successful track record. 

• Commitment: You generally cannot exit an arbitration agreement unilaterally, except in limited circumstances.

Arbitration resembles a court in structure, evidence is submitted formally, hearings are held, but without the delays and rigidity of the public system.

Nicholson Family Law regularly guides clients through mediation and arbitration in Calgary. Contact us to understand which path makes the most sense for your situation.