More and more often, parties are looking to find alternative ways in which to resolve their disputes. Litigation can be an expensive, lengthy process, and there are more options now than ever before to resolve differences without resorting to a courtroom.

Arbitration
Are you looking for an alternative to the Court process?

In Arbitration, the Arbitrator becomes the decision maker for the parties. The parties can tailor the process to their own needs and timelines and do not have to follow the strict rules of the court. It can be done in a relatively informal way, or can be done in a formal fashion, including the use of court reporters and sworn evidence if necessary. It is customized to the individual needs of the parties. The same process can be completed in a fraction of the time through Arbitration.

An Award granted through Arbitration is binding on the parties, in accordance with section 36 of the Arbitration Act.

 

1. Family-Focused Arbitration for Interim Matter (Half Day)

Mountain Vista Law is happy to engage in a half-day Arbitration session for interim family matters based on Affidavit evidence. This option is suitable for interim awards.  Evidence will be provided in accordance with the Court of King’s Bench Practice Note 2 in the form of sworn affidavits, and a brief argument will be allowed for each party.

An award will be granted within 48 hours of the Arbitration in the form of an Abbreviated Award with limited summary of facts and limited reasons, in accordance with s.38(1) of the Arbitration Act.

 

2. Family-Focused Arbitration (Full Day)

Rather than waiting for your matter to be heard before a Justice under the traditional
court schedule, Mountain Vista Law can offer Arbitration as an alternative dispute
resolution process that results in a written award. Arbitration can be a costeffective and efficient way to resolve your dispute without needing to follow the full court process.

Under Alberta’s new family law framework, the Family Focused Protocol (FFP), most
family law applications (such as parenting, support, property, and interim relief) must
satisfy a series of mandatory steps before the Court will consider them. These include
completing required courses and disclosures, participating in alternative dispute resolution, and meeting with a judicial intake triage justice who helps manage the case from start to finish.

Because of these precourt requirements, arbitration can be particularly useful if both
parties agree that arbitration is a reasonable and efficient way to resolve their dispute without going through all of the steps involved in the Family Focused Protocol.

If parties have already submitted necessary materials to the Court, the Arbitration can
proceed on an expedited basis.

If parties have not yet filed with the Court and wish to pursue Arbitration as an option, the following deadlines and procedures are suggested, but may be modified by agreement of the parties and the Arbitrator:

• The format of the Affidavits and Concise Letter would generally follow the requirements of the Court of King’s Bench Practice Note 2 (Family Law Applications), though these can be modified by agreement of the parties.
• On the hearing date, parties will present their positions before the Arbitrator, and all evidence to be relied upon should be included in the affidavits.

  An award will be granted within one week (7 days) of the Arbitration hearing in the form of an Abbreviated Award with a limited summary of facts and reasons, in accordance with s. 38(1) of the Arbitration Act.

For more complex circumstances, or where the process needs to be significantly modified, additional charges may apply.

 

Mediation
At Mountain Vista Law we are proud to be able to offer Mediation.  Erin Barvir is an experienced mediator who can help families find amicable solutions to their family law matters.  Mediation provides a safe, confidential, informal atmosphere which allows parties to discuss their needs, goals and concerns and develop a strategy to achieve a mutually agreeable resolution.  It allows parties to make their own decisions and retain control of the outcome of their matter.

Mediation can be used at any time, for any part or parts of a family law matter.

This may include:

Parenting
Custody/Access
Child Support
Spousal Support
Division of Property
Determination of Incomes

If you and your former partner or co-parent are having a difficult time coming to an agreement but are committed to coming up with a solution outside of the court system, you may wish to consider Mediation.  Frequently, Mediation results in a quicker and more cost effective solution than would be possible through the traditional, adversarial litigious approach.

Parties are welcome to attend Mediation either with or without their own legal counsel present.

 

Mediation/Arbitration

In circumstances where parties wish to resolve their differences outside of the courtroom but may not be able to reach an agreed upon solution through Mediation, they may wish to try Mediation/Arbitration.  Erin Barvir has also completed extensive training as an Arbitrator and is able to provide Arbitration services through Mountain Vista Law.

In Mediation/Arbitration, parties initially try to come to an amicable, mediated resolution.  If an agreement cannot be reached in Mediation, then the parties agree ahead of time that the process will move into an Arbitration.  In Arbitration, the Arbitrator becomes the decision maker for the parties.  Some people think of it as hiring a private judge.  The difference between going to court and hiring an Arbitrator is that in Arbitration, the parties can tailor the process to their own needs and timelines and do not have to follow the strict rules of the court.  It can be done in a relatively informal way, or can be done in a formal fashion, including the use of court reporters and sworn evidence if necessary.  It is customized to the individual needs of the parties.  It is also worth noting that some types of court dates (e.g. Trials) can take well over a year to book in the courtroom.  The same process can be completed in a fraction of the time through Arbitration.  While we encourage parties to try Mediation first, this is not an absolute requirement, and parties may choose to begin the process with Arbitration.

Mediation/Arbitration and Arbitration can both be attended by either just the parties themselves or with their own lawyer present.