Understanding Med-Arb and Its Benefits
Med-Arb, a combination of mediation and arbitration, is a dynamic dispute resolution process designed to address family law disputes with a definitive and efficient outcome. At its core, Med-Arb caters to parties seeking a conclusive resolution to their disputes, prioritizing speed, efficiency, and legal finality. This method is particularly beneficial in scenarios where both parties agree on the importance of reaching a decisive outcome.
In the case of Mann v. Grewal, 2023 BCCA 88, the British Columbia Court of Appeal highlighted the narrow scope for appellate intervention in med-arb awards, emphasizing respect for the parties’ agreement to arbitration (as previously outlined in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53). The decision underscored that appellate review is largely limited to legal errors (or errors of mixed law and fact). This case exemplifies the judiciary’s commitment to the principles of arbitration, demonstrating the Med-Arb process’s ability to provide a definitive and efficient resolution in family law disputes, while respecting the autonomy of the arbitration agreement:
It is well established that the scope of appellate intervention from an arbitral award is narrow, reflecting the fact that the courts strive to respect the mutual agreement of the parties to subject their dispute to arbitration.Mann v. Grewal, 2023 BCCA 88
Our Med-Arb Procedure: Efficiency and Finality
We conduct med-arb sessions in person in Nanaimo and Vancouver, and can offer the service by videolink across British Columbia.
Our firm adopts a structured approach to Med-Arb, beginning with a dedicated day of mediation. This initial phase aims to facilitate a mutual agreement between parties through guided discussion and negotiation, overseen by a skilled mediator. Should mediation not resolve all disputes, we proceed to arbitration on any remaining issues. This subsequent phase is scheduled for another day, ensuring that all parties have ample preparation time and the opportunity to present their case fully. The arbitration results in a legally binding decision, guaranteeing finality and resolution. Typically, this entire process can be completed in as little as six weeks, making it a swift alternative to conventional court proceedings.
Voluntary Participation with Guaranteed Resolution
Participation in the Med-Arb process is entirely voluntary, allowing parties to enter the process with a shared goal of resolution. This voluntary nature, combined with the structured approach of our firm, ensures that all involved have control over the process while still being assured of a legally binding conclusion.
Applicability of Med-Arb in Family Law
Med-Arb is adept at handling a wide array of family law issues, providing a versatile solution for many disputes, including but not limited to:
- Schooling Enrolment and Educational Decisions
- Parental Relocation
- Adjustments in Child Support
- Crafting or Modifying Parenting Arrangements
- Resolving Spousal Support Disputes
- Division of Property and Assets
- Debt Allocation
- Healthcare Decisions for Children
- Cultural and Religious Upbringing of Children
- Extracurricular Activities and Associated Costs
- Post-Separation Lifestyle Adjustments
- Grandparent Visitation Rights
- Pet Custody
- Modification of Previous Agreements
- Prenuptial Agreement Disputes
Why Choose Our Med-Arb Services?
Our firm specializes in Med-Arb, offering a streamlined process that emphasizes speed, efficiency, and the certainty of a legally binding resolution. By choosing our Med-Arb services, clients benefit from a dispute resolution method that minimizes the emotional and financial toll of family law disputes, while ensuring that their case is resolved within a concise timeframe. Our experienced mediators and arbitrators are dedicated to guiding parties through this process with professionalism and expertise, making Med-Arb an ideal choice for those seeking an effective resolution to their family law issues.
We offer a free information call to discuss whether med-arb is right for your case and to quote likely fees. You can set up an appointment online, or call us on 250-824-1255 to arrange a free first appointment.