Prepare for the discussion. Understand the decisions.
If you are considering mediation or arbitration, you may want to resolve your separation without a court trial but feel unsure about the process, the information you need or the terms you should accept.
Thomas J. MacLennan advises and represents clients in family mediation and arbitration. He helps you assess the proposed process, prepare your position and understand the consequences of an agreement or decision. He has practised law in Ontario since 1989. You work directly with Thomas.
Request a consultation or call 416-591-1354.
Advice and representation for your side of the dispute
Thomas acts as your lawyer. He does not act as the neutral mediator or arbitrator. His role is to advise you about your rights and obligations, help you evaluate proposals and represent your interests throughout the process.
Issues may include parenting arrangements, child and spousal support, property division and the terms of a separation agreement.
Mediation: working toward an agreement
A neutral mediator helps you and the other person discuss the disputed issues and explore possible solutions. The mediator does not impose a decision. You decide whether to agree to proposed terms.
Thomas helps you prepare for the session, identify information that is still needed and assess settlement proposals. Before you commit, he can explain how the terms affect you and help put an agreement into clear written language.
Arbitration: presenting your case for a decision
In arbitration, you and the other person agree to have an arbitrator decide specified issues. The arbitrator considers the evidence and submissions and makes an award. The process can be tailored to the dispute, but it still requires careful preparation.
Thomas can review the proposed arbitration agreement, explain the process and present your case. In Ontario, each party generally must obtain independent legal advice before entering into a family arbitration agreement for the resulting award to be enforceable. Different rules apply to secondary arbitration, and other enforceability requirements must also be met. Get advice before committing to the process.
Choose the process with your circumstances in mind
Mediation and arbitration can offer alternatives to a court trial, but the right approach depends on the issues, available financial disclosure, costs, timing and any safety concerns or imbalance between the parties. A settlement is not guaranteed, and arbitration involves a decision you may disagree with.
Some agreements combine mediation with arbitration if settlement is not reached. Thomas can explain what that arrangement would mean before you sign.
Preparing for your consultation
Bring any proposed mediation or arbitration agreement, existing court orders, financial disclosure and correspondence identifying the disputed issues. Explain what you hope to resolve and what remains uncertain. Tell the office about any scheduled session or deadline when booking.
Arrange a consultation
Consultations are one-hour paid meetings with Thomas, available by telephone, Zoom or in person. See consultation details and request an appointment, or call 416-591-1354.