Alternative Dispute Resolution (ADR) to try to resolve issues in family law cases prior to trial. When family matters are settled without the necessity of a trial, the parties typically save money and wear and tear on their emotions.
Although resolving every issue before a trial is not always possible, many issues can be addressed successfully in advance, removing those matters from the trial agenda. There are some best adr provider that provide the best ADR services in Canada.
Here are four forms of motions used in Canada to request ADR:
1. Motion for Mediation.
2. Motion for ADR Settlement Conference.
3. Motion for Parenting Conference.
4. Motion for Custody Evaluation.
Motion for mediation
Mediation is a confidential ADR process. The parties' attorneys don't attend the mediation; in fact what is discussed during the session is not divulged to anyone, not even to the judge. Any agreement reached is documented by the mediator, who then forwards the agreement to the judge to sign as an order.
Here's how to make use of the family court's mediation program, available at nominal cost to the parties. A Motion for Mediation is filed requesting that the court order a conference with a mediator over child custody and access issues.
Ideally, this ADR process will result in agreement on some, or all, child custody issues in contention.
The parties may choose to hire a private mediator, which usually saves time compared to the two-month wait on the court's program. The private mediator also assists the parties in reaching agreements, even on issues that might seem non-negotiable. With private mediation, any issue can be presented for mediation, from property distribution to the child's daycare provider.