Corcoran Law & Mediation Centre are Experienced Mediation Lawyers in Calgary

Relief through the courts is not often swift. Court trials can cost tens of thousands of dollars, and waiting periods to obtain court applications and trial dates can take months to years. Accordingly, the idea of spending so much money and time litigating your divorce may no longer seem feasible.

We are trained litigators who recognize that litigation is not always the best option available. With over 30 years of experience, we have mastered the skill of creative problem-solving, which is the root of our success in resolving disputes through Alternative Dispute Resolution (ADR).

ADR is a procedure for settling disputes without litigation which is often less costly and more efficient → mediation | arbitration | negotiation

Keep in mind that with litigation, you do not have control over the court’s decision. Generally, if your matter is resolved by way of ADR, it increases the sustainability of the agreement because both parties have consented after each have made compromises. You have a choice to have your matter adjudicated by a judge, or you can have a say in the outcome by engaging in ADR.

Under 7.3 of the Divorce Act changes effective March 1, 2021, when appropriate to do so, parties have a duty to try to resolve matters through a family dispute resolution process other than court.

Family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law.

Corcoran Law can be that other family dispute resolution process.

Although we specialize in family dispute resolution, we welcome the opportunity to resolve all of your disputes. Complete the Mediation Intake.

Consider the following ADR methods:

Mediation

Mediation is an informal, family-centered, interactive process where an impartial 3rd party assists parties in resolving their dispute through the use of specialized communication and negotiation techniques, culminating in a mutually agreeable resolution.

Scope of Mediation

At Corcoran Law, we have mediation training in Mediation of Family and Divorce Conflicts and accordingly, are able to find practical solutions to a wide range of potential family law problems, for instance:

Parenting time and decision-making arrangements for children
Child support, including section 7 expenses
Spousal support, including quantum and duration
Family property division

Benefits of Mediation

When we mediate family disputes, we often find that we are in a better position to reach an agreement tailored to meet the unique needs of that family. Also, the parties often find that mediation can save them money by avoiding having to each hire a lawyer to negotiate a settlement. Further benefits of mediation include, but are not limited to, the following:

Confidential – mediation is a private process which allows parties to negotiate freely
Non-binding – allows parties to communicate and negotiate openly with one another
Protects children – with reduced litigation, children are protected from conflict
More understanding – opportunity for each party to explain their priorities
Creative solutions – ability to explore options that suit the unique needs of the parties
Effective & Efficient – often quicker and more sustainable dispute resolution than going to court
Cost-effective – mediation is often far less expensive than court litigation
Promotes amicability – non-adversarial experience promotes relationship preservation
Control over result – parties choose the outcome, rather than an outcome being imposed
Agreement – the parties work together to implement a plan that works for them

Limitations of Mediation

While mediation can have numerous benefits, there are some limitations:

Voluntary process – if one party does not want to mediate, mediation cannot take place
Non-binding – mediated settlements are not legally enforceable until the parties first
transfer the terms into a contract, and then obtain independent legal advice
Prospect of resolution – parties may walk away without achieving resolution

Our Role

We commit to providing you and your partner with the benefit of our extensive legal expertise in resolving family disputes, in conjunction with our training in specialized communication and negotiation techniques.

As experienced family lawyers, we will identify solutions that we believe would work best for the parties given their specific set of circumstances, and we will likewise identify options which we believe may not work; nevertheless, solutions will never be imposed on you. We will help you and your partner focus on your priorities and contemplate creative solutions. Should you have a more complicated matter, for instance dealing with property division or parental alienation, we may propose retaining independent 3rd party professionals (valuation experts, parenting experts, etc.).

Our objective is to assist you and your partner in arriving at mutually agreeable terms of compromise, which we will then convert into a Memorandum of Understanding (MoU) (a non-binding document outlining the terms and conditions of agreement). Each party can then take the MoU to independent legal counsel, who will first satisfy themselves that their respective party has a clear understanding of their legal rights and obligations as they relate to the agreed-upon terms; and then, likely one of the lawyers will convert those terms into a legally binding contract which each party will execute before their respective counsel.

Should you and your partner seek to have our office draft the contract, we can do so at an additional cost; however, it is important to understand that in order for the contract to be legally enforceable, both parties need to obtain independent legal advice prior to signing.

Corcoran Law & Mediation Centre: 7-Step Mediation Process

Initial meeting with the parties wherein you and your partner express and confirm your joint intention to have Corcoran Law mediate your dispute.
Preliminary review of contested issues.
Each party is provided a copy of mediation contract to review, which sets out the terms of mediation between the parties and our office.
Execution of mediation contract and booking of mediation date(s).
Parties gather requested documentation for mediation.
The mediator will work with the parties to facilitate a mutually agreeable resolution.
If mediation is successful, the mediator will draft a Memorandum of Understanding outlining terms and conditions of agreement.

It is important to note that if you and your partner choose to retain our office to mediate your dispute, we will need to be advised of this intention at initial contact so that we may proceed accordingly. We are committed to managing the communication process between the parties fairly, honestly and impartially, and therefore any and all correspondence will be directed to both parties.

If you and your partner do not choose to mediate and one of you chooses to retain our office as your legal counsel, bear in mind that lawyers are under a legal obligation to make attempts to settle the litigation; and in this regard, we may suggest retaining an independent 3rd party mediator at some stage (ie. lawyer assisted mediation). We recognize that choosing the right mediator is important to you and accordingly, both ourselves and your partner’s lawyer will put forth some recommendations from which you and your partner may choose.

If you and your partner are willing to mediate your dispute, complete and submit the Mediation Intake to book a free 30-minute consultation, to implement a plan to resolve your dispute.

No agreement & Beyond – What if you can’t reach an agreement after mediation?

Although our objective is to facilitate the effective resolution of all your contested matters, this may not always be the case. For any unresolved matters, parties may attempt resolution through alternate methods such as private binding arbitration or litigation. Should the parties choose to proceed by way of trial, their requirement as trial litigants under the Alberta Rules of Court to make attempts at settlement prior to trial, will be satisfied by mediation.

It is our position that mediation is typically time well spent. Even if an agreement is not reached, at the very least, issues have been narrowed down and the parties may nonetheless be better prepared to resolve their dispute through arbitration or litigation.

Arbitration

Arbitration is a private dispute resolution process wherein the parties appoint an arbitrator to make decisions for them, rather than having a judge make decisions in court.

An arbitrator is a qualified, independent 3rd party with the authority to render an “Award” – a legally binding decision.

If you and your partner are unable to make decisions on your own with respect to for instance, property division, you can jointly appoint an arbitrator to make the decision for you; this affords you significantly more influence over the final decision as you are able to choose whom to appoint.

What Does the Arbitration Process Look Like?

An arbitration setting is more relaxed and private, and therefore more conducive to resolution in comparison to a public courtroom, which can often be intimidating.

Unlike court proceedings, arbitration can be more flexible. Parties are able to exercise a certain degree of control over the process by implementing their own rules. You do nonetheless have the option of opting for a more formal arbitration process which resembles a private trial and follows rules of evidence and court procedure.

Ultimately, both parties put forth their evidence and the relief that they are seeking, and the arbitrator will make a final, binding decision. Keep in mind that an arbitrator cannot grant a divorce or an annulment, however, they can decide all other matters.

Can Arbitration Work For You?

Arbitration may be appropriate in circumstances where:

parties are willing to agree on an arbitrator to adjudicate their dispute
parties exhibit a willingness to participate in the arbitration process
expenses are a concern – arbitration is often less costly than litigation
family violence is not an issue between the parties;
the sensitive nature of the parties’ dispute demands privacy (e.g. corporate strategies)
parties seek a legally enforceable decision

What Role Do We Play?

At Corcoran Law, we are trained mediators and litigators. Although we do not act as arbitrators, we can assist you throughout the arbitration process, and you control our involvement:

We can assist you in choosing mediators that may work best for your specific dispute
We can provide you guidance throughout the arbitration process
We can represent you throughout the arbitration process until the final award

Corcoran Law will provide you the best legal advice we can to help minimize your costs and secure your priorities. Submit our Questionnaire for a free 30-minute consultation.

Negotiation / Settlement

Negotiation or settlement discussions typically involve you, your former partner, and your respective lawyers, all coming to the table and working through your concerns. Settlement discussions are generally considered to be “without prejudice” communications, such that neither party may put before the court as evidence against the other, statements made in a genuine attempt to settle the dispute. The objective behind settlement meetings is to encourage the parties to compromise and resolve their dispute out of court. Without prejudice communications enable parties to speak freely, secure in the knowledge that what they have said may not be used against them should settlement discussions fail.

Corcoran Law has had considerable success in facilitating the resolution of disputes by way of settlement meetings – our experience as mediators proves to be particularly helpful in such discussions.

Submit our Client Questionnaire and retain our office so that we may represent you in settlement discussions.

Note: We advise against using ADR to settle disputes where there is a history of family violence.