Mediation-Arbitration like the name suggests, it’s a hybrid of 2 processes, mediation and arbitration. I really believe this to be one of the best kept secrets for families. You use the same professional as both the mediator and arbitrator. The idea is that you mediate as many of the issues as you can (retaining full decision making power) and then move forward with arbitration (where the arbitrator makes a legally binding decision for you) only for those issues that remain outstanding.

Keeping the same professional allows continuity and flexibility, while still getting finality at the end of the process.

Mediation-Arbitration Pros and Cons

PROSCONS   
You select the 1 professional from end to endYou pay for the decision maker's time
You define the processLess rights of appeal
Can work within your budgetYou are committed to the process
Option to resolve all issues before arbitration phaseMay not have the same security court has
Confidential process
More formal than mediation
Screening for appropriateness & accommodations can be made1 professional from end to end
Commitment to the process by all parties
Finality of binding decision
Less formal than court

Mediation-Arbitration Process

Intake/screening

Pre-hearing conference

Independent Legal Advice

Sign Mediation-Arbitration Agreement

Mediation 

Completion or Transition 

Arbitration Hearing

Arbitration Award

Fees (+hst)

Mediation-Arbitration

$300    Flat rate for 1-hour individual meetings used for intake and screening for suitability of process in advance of mediation-arbitration or secondary arbitration. Includes reviewing intake forms, brief calls, emails and scheduling with our office.

$300    per hour for all joint mediation-arbitration meetings.

Between the mediation phase and the arbitration phase each party will be responsible for providing a deposit against fees of $1,500.

$1,600 Half-day scheduled in advance, includes scheduled 15-minute conference call at least 5 business days before, 1 hour of preparation, 30 minutes of post-meeting follow up provided by email and up to a 4-hour meeting.

$2,500 Full-day scheduled in advance, includes scheduled 15-minute conference call at least 5 business days before, 1 hour of preparation, 30 minutes of post-meeting follow up provided by email and up to a 7-hour meeting.

Travel time for in-person meetings is charged at $100/hour. Time is calculated from our Whitby office.