Creating Solutions Achieving Consensus
Many people feel going to court is their best option to resolve a personal dispute. When that dispute impacts your family, however, choosing a process that involves you as a full participant is often preferred. Mediation is a consensus-driven process that allows parties to create long-lasting, effective solutions.
Kirk Montoute LLP is a firm of lawyers and trained mediators. The services we provide are two-fold: We act as neutral, third-party facilitators helping people reach agreement and we represent clients in mediation where our role is to advance the interests of our client. For many people, mediation is a cost-effective, satisfying process that achieves positive results.
Benefits Of Mediation
Compared to litigation, mediation has many tangible benefits, in particular for family law disputes. Participants take an active role in reaching agreement. As a result, they are generally happier with the solution and better able to adhere to the terms of that agreement. Mediation allows for flexibility, in terms of potential solutions and in the discussion of key issues that lead to those solutions. Litigants, on the other hand, are constrained by the complex and time consuming Alberta Rules of Court and the formal rules of evidence, which can limit open discussion.
An effective mediator can also counteract power imbalances between participants. In mediation, steps should be taken to ensure all voices are heard and taken into account. At Kirk Montoute LLP, we are committed to the pursuit of alternative forms of dispute resolution, both as facilitators and legal counsel. When participants in mediation are unable to reach agreement, we may recommend arbitration or settlement discussions to conclude the dispute.
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Trained Mediators: Serving Calgary and Area
Participants in mediation may be self-represented or can utilize the advice of independent counsel. All participants in mediation are expected to approach the process in good faith and commit to full disclosure of vital information, such as sources of income and the location and value of financial assets.