HOLIDAY PARENTING TIME DISPUTES RESOLVED WITH MEDIATIONS & ARBITRATIONS PDF Print

The holiday's can be a wonderful time for families.  It can also be a time of great challenge and conflict, particularly if there are disputes or concerns over the holiday parenting schedule.  All too often when these disputes arise the parties end up in Court arguing before a Judge about what should happen with their children over the holidays.  This often includes the use of lawyers, the preparation and filing of legal documents and an escalation of the conflict and an increase in costs. 

There are many studies that show that continued parental conflict is not healthy for children.  Is there another way to resolve these parenting disputes which minimizes the negative effects of parental conflict on children, particularly around the holiday season?

Fortunately Tim Burnham thinks the answer to this question is yes!

At Gurevitch Burnham Law Office Parents can choose to attend Mediation with Tim Burnham in order to resolve their disputes.  However, Mediation does not always result in an agreement.  When this is the case, the parties may still need to have a decision so that they can move on and make their plans.  This is where Arbitration comes in.  When the parents attend a Med-Arb with Tim Burnham they agree that acting as an Arbitrator, he has the power under the Arbitration Act to make a binding decision on them about the holiday parenting schedule.  

This process encourages parental cooperation and minimizes conflict.  It also provides a guarantee that there will be a decision at the end.  The process at Gurevitch Burnham Law Office is much less formal than Court which helps the parties get a decision faster and with less conflict.  If you feel this process may work for you, please feel free to contact our office.

Frequently Asked Questions about Med-Arb:

WHAT IS MED–ARB

This is a process that allows parents to resolve disputes through mediation.  If they are unable to resolve all of the issues through the mediation process the Mediator then acts as an Arbitrator making a binding decision on the parents using the framework of the laws of Alberta, including the Arbitration Act.

HOW DOES IT WORK

The parents book a half day meeting with the Mediator.  They bring in any information that they think is relevant.  It does not need to be sworn, or formal, but should include any Court Orders or previous agreements, parenting plans or contracts.  The parents work with the mediator to resolve the issues.  If there is no resolution each parent has an opportunity make their representations to the Mediator and the Mediator becomes the Arbitrator and renders a written binding decision on the issues.

WHAT IS THE COST

The cost for doing a Med-Arb is $750 plus GST per parent.  This includes a half day joint Med-Arb meeting, reviewing documentation and writing the Arbitration Decision.