It wasn’t all that long ago (when I used to litigate in fact) that most people just found themselves a good family lawyer to handle it all for them. And most of the time, that meant using lawyers to negotiate and/or litigate in a costly and draining adversarial style.

The process and cost options for clients are so much greater now; and information about them is so much easier to access.

Which makes it harder for most people to know: what process is best for them?

This question was asked in a well-known article in 1994 called “Fitting the Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure.” In it, the authors examined the cognitive, strategic and structural barriers that make it difficult for two people to agree on a dispute resolution process, and also how the market for the provision of these services is flawed.

Since then, the use of mediation, arbitration, mediation-arbitration, collaborative law, cooperative law, and various creative combinations of these processes, has exploded in Ontario.

In this blog series, we will examine the various processes; how each works, what kinds of cases and people it is best suited for; and what its challenges are for those using it. We have lined up a number of well known lawyers and conflict resolution specialists to contribute to the dialogue. We hope you will comment too– as we try to help our clients find the best possible fit for them.