Alternative paths to resolution
ADR, Mediation, Arbitration
Court isn’t the only option. We help clients reach fair, enforceable outcomes through mediation, arbitration, and other out-of-court approaches—saving time, money, and emotional stress wherever possible.
- Out-of-court solutions
- Mediation agreements
- Private arbitration
- Settlement negotiation
- Family conference prep
- Cost-effective process
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Alternative dispute resolution in family law
What ADR Means
Mediation, arbitration, & collaborative law
ADR offers ways to resolve family disputes outside of court. We explain how each method works, what’s legally binding, and when ADR might help save time, cost, and stress.
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When Mediation Fits
Settling disputes through guided discussion
Mediation allows you to work with a neutral third party. We help you prepare for sessions, understand your rights, and reach settlements that can later be formalized by the court.
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Binding Arbitration
When a private decision is final
Arbitration is like a private court process, with the arbitrator acting as judge. We explain when this route makes sense and help ensure fairness before, during, and after the hearing.
Choosing Wisely
Selecting the best dispute process
The right dispute resolution method depends on your case, goals, and history. We help you assess your options carefully and recommend the route that best suits your situation.
Frequently Asked Questions
Answers to common concerns about mediation, arbitration, and ADR options
What is alternative dispute resolution in family law?
Alternative dispute resolution (ADR) includes processes like mediation, arbitration, and collaborative law that resolve family disputes outside of traditional courtrooms.
ADR offers privacy, flexibility, and often faster resolutions. It works best when both parties are willing to participate in good faith and are committed to resolving issues cooperatively rather than through litigation.
What is the difference between mediation and arbitration?
In mediation, a neutral third party helps the couple reach a voluntary agreement. Mediators guide discussion but do not impose decisions. In arbitration, the arbitrator acts like a private judge and issues a binding decision after hearing both sides.
Choosing between the two depends on whether you want to retain control of the outcome (mediation) or prefer a final, enforceable ruling (arbitration) when compromise seems unlikely.
Is a mediated family agreement legally binding?
Yes, a mediated agreement can become legally binding once properly documented and signed. Ideally, each party should obtain independent legal advice before finalizing to avoid future challenges.
The agreement can then be turned into a court order if desired, giving it the same enforceability as any court judgment. Without this step, enforcing terms may be more complicated.
When should I avoid mediation?
Mediation may not be suitable if there’s a history of domestic violence, coercion, or a significant power imbalance between the parties. These factors can undermine fair negotiations.
In such cases, it may be safer to proceed through court where protections like restraining orders, legal advocacy, and formal procedures ensure fairness and personal safety.
Can we resolve all divorce issues through ADR?
Yes, almost all divorce issues—including custody, support, and property division—can be addressed through ADR if both parties agree to participate. Only rare cases involving urgent safety concerns or highly complex legal issues require court involvement.
Reaching an out-of-court settlement typically saves emotional strain, money, and time while still protecting legal rights through well-structured agreements.
What real clients say about us
Trusted by families across Toronto for reliable, results-focused legal help
Clear advice, multiple strategies, and honest communication. Barry handled my case efficiently with fair, transparent billing throughout the process.
Barry explained every step with clarity, patience, and professionalism. Court preparation was thorough, and his commitment showed throughout.
Nussbaum Law handled my family matter with care, professionalism, and clear communication. I would confidently recommend their services.
Professional, attentive, and thorough—Barry and his team delivered strong representation when it mattered most. I’m grateful for their support.
Barry and his team turned a complicated situation into a respectful resolution. Their approach was steady, thoughtful, and highly professional.
Barry approaches every case with focus, clarity, and a practical mindset. Working with him made a difficult situation manageable.
Barry handled my family matter with care, professionalism, and clear communication. I would confidently recommend their services.
Barry consistently provides timely, reliable legal support. I’ve used his services and referred others with full confidence every single time.
ADR in Toronto
Litigation is not always necessary. Our lawyers always strive to encourage an amicable resolution, but our first priority is to zealously protect your interests. Alternative Dispute Resolution (ADR) refers to the many ways parties can solve their disagreements outside of court.
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Negotiation
The first step in resolving a dispute often involves informal negotiations between the parties. Parties might come to an agreement themselves, then retain lawyers to help put it on paper. Alternatively, parties might have counsel negotiate directly with the opposing party on their behalves. Our family lawyers will negotiate tirelessly for you. We strive to keep matters out of court to reduce legal fees and preserve relationships.
Toronto Mediation Services
Mediation refers to a process wherein the parties appoint a neutral third party (the mediator)to assist them in reaching an agreement. The mediator assists parties in communicating with each other and finding common ground. Mediation is always voluntary and can be terminated by either party at any time. Mediations often take place without counsel. Our lawyers will explain your rights and responsibilities prior to your mediation, and we will attend with you when necessary.
Toronto Arbitration
Arbitration refers to a process where a third party is hired to make a decision for the disputing parties, which is usually binding. Arbitration operates as an informal court that settles disputes. However, the arbitrator is limited to deciding on issues that are agreed to in advance by the parties. For example, parties might hire an arbitrator to specifically resolve the issue of property division, but not custody, spousal support, and so on. Once arbitration commences, it cannot be terminated. Our lawyers will explain your rights and
obligations if you are considering arbitration.
ADR is not appropriate for every situation. Our lawyers will ensure you follow the right path to obtain the best results based on your specific circumstances.
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– Barry Nussbaum, JD, MBA, Senior Lawyer
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