Resolving Conflict Outside of Court

Some possible benefits of dispute resolution include:

• Everyone gets to talk about the conflict and how the it affects them.
• Everyone participates in finding a solution.
• It may be more private and collaborative than going to court.
• It may cost less.
• It may be less stressful.
• The solution may be more likely to address everyone’s needs.
• It may improve relationships and communication.

Negotiation is communicating to try and reach an agreement. Negotiation is an option available to everyone. It can be direct or indirect. You can work together directly with the other person, without help from anyone else. You can also hire a professional, such as a lawyer, to represent you.

Mediation is when you, the other side, and a mediator try to resolve disagreements. The mediator is neutral and helps you communicate with each other to resolve conflicts.

Mediation is confidential. Anything said in mediation cannot be used against those involved later.

Mediation is usually voluntary. Generally, a mediated agreement is final. 

Collaborative practice is when opposite sides in a family law matter negotiate a settlement together with collaborative practice lawyers and other professionals. Everyone must agree to keep the dispute out of court.

Arbitration is when all sides agree to have someone outside their conflict (an arbitrator) find a solution for them.

Usually, an arbitrator is an experienced professional trained to review evidence and make a decision.

Arbitration is often used for resolving:

• Labour disputes between employees and employers.
• Commercial disputes between companies.