Not every family dispute needs a courtroom. Mediation and arbitration can resolve parenting, support and property issues privately, on a schedule that suits the family, with a decision-maker the parties choose.
Usman Mahmood is a Qualified Arbitrator (Q.Arb) and mediator. Families can retain him as a neutral mediator, arbitrator or mediator-arbitrator to help resolve the issues between them. When he acts as a neutral, he does not represent either party, and each party is encouraged to have their own lawyer.
Mediation is a voluntary, confidential process in which a neutral mediator helps the parties negotiate their own agreement. The mediator does not make decisions. Mediation works best where both parties are willing to engage and can negotiate safely.
In arbitration, the parties agree to have an arbitrator hear their evidence and arguments and make a binding decision, under Alberta’s Arbitration Act. It is more flexible and private than court, and the parties can agree on the procedure and timeline.
In a mediation-arbitration, the parties first try to reach agreement with the neutral’s help. Any issues that remain unresolved are then decided by arbitration. The process is set out in a written agreement signed at the start.
Before starting, we screen for safety concerns and power imbalances. Mediation and arbitration are not appropriate in every case, for example where there is family violence that would prevent a party from participating freely. Where that is the case, we discuss other options.
Each party meets separately with the neutral for screening and to identify the issues.
The parties sign an agreement setting out the process, the issues and the fees.
Mediation sessions are held, or evidence and submissions are presented to the arbitrator.
The result is recorded in an agreement, or in an arbitration award that can be filed with the court.
Yes. An arbitration award is binding on the parties and can be enforced. Appeal rights are limited and depend on the arbitration agreement.
Parenting issues can be arbitrated in Alberta, with the best interests of the child as the guiding principle. Some families prefer to mediate parenting issues and arbitrate financial ones.
It is strongly recommended. The mediator or arbitrator is neutral and cannot advise either party. Many parties have their own lawyer present or available throughout.
Book a consultation online, or call us Monday to Friday, 9:00 a.m. to 5:00 p.m.
587-393-3958Request a consultationBook a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.
The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
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The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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