Alternative Dispute Resolution

We have established a reputation as a leader in the advancement and use of practical and creative strategies to resolved disputed matters. We offer four types of creative alternatives to the traditional litigation and court based model of dispute resolution.

Alternative Dispute Resolution services include:

• Collaborative Family Law
• Mediation
• Arbitration
• DAR

Collaborative family law is a process that enables couples who have decided to separate to work with their respective lawyers, and on occasion, other family professionals, in order to achieve a settlement that best meets the needs of both parties and their children without the threat of litigation. This voluntary process is initiated when the couple signs a collaborative law contract binding each other and their respective legal counsel to the process and which disqualifies their respective lawyers from representing either of them in any related litigation.

Mediation is a conflict resolution process in which an impartial third party (the mediator) helps the participants in negotiating a consensual, informed and fair agreement. Decision-making rests with the parties throughout. The mediator assists the parties in identifying issues and information needs, reducing obstacles to communication, exploring alternatives and focusing on the needs and interests of those who it is agreed are affected.

Mediation is different from litigation where the parties’ issues are resolved by way of a court order because:

• In mediation, the parties themselves are the decision makers.
• When disputes are submitted to the courts for a decision, the parties to the dispute lose the ability to control the outcome, the decision making power rests with the Judge hearing the matter.

We can provide mediation services in the following areas:

Family, estate, business and civil disputes

Our firm has several experienced family law lawyers who are trained and experienced in mediation. Patricia Blocksom Q.C., A.O.E. provides mediation training for the Legal Education Society of Alberta. We have an ongoing training and mentoring program for our mediators that enables us to deliver high quality, effective and cost efficient mediation services.

The availability and hourly rate for each of our mediators varies, and you can determine which mediator would be best for your particular case by calling us. We will match your particular needs with the right mediator.

Arbitration is a form of private dispute resolution where the parties sign an arbitration agreement that allows the arbitrator to hear evidence and make determination that will bind the parties. Arbitration is often used instead of having a determination by the courts when the parties want to:

1. to select the decision maker;
2. ensure that the matter is determined is kept confidential. Disputes that are determined by the courts become available for public review; and
3. create a more stream lined process for the determination of the issues.

Mediation and arbitration are often combined in a Med/Arb where the first stage of the process involves mediation and if mediation in unsuccessful in resolving some or all of the issues, the mediator becomes an arbitrator and makes a final decision on the issues.

DBB LLP Application Resolution (DAR)
As part of our mediation/arbitration practice we offer an alternative to going to court to determine interim issues such as child and/or spousal support, parenting issues such as access, and interim property matters. We are offering this service as an alternative to morning chambers and domestic specials at the Court of Queen’s Bench.

We have scheduled DAR every Thursday morning when an experienced and senior family lawyer will be available to make an arbitrated decision on any family law matter. You can pick the lawyer you want to hear the application. DAR offers these advantages:

1. The time within which the matter can be scheduled and determined is significantly shorter than if you have the matter determined in the Court of Queen’s Bench;
2. The process is flexible – you can determine the process that best suits your needs and budget;
3. A decision will be made in writing within 10 business days of the hearing. The decision can be enforced by a Court Order; and
4. The process is private.

The following lawyers are available at this time to hear a matter booked through DAR: Wendy Best Q.C., Patricia Blocksom Q.C., A.O.E., Caroline Lee, Q.C. and Anthony Young, Q.C.

To learn more about DAR, read our blog >>

Get in touch with us to see how we can help you.