What Is Rapid Resolution?
Rapid Resolution is a Mediation-Arbitration dispute resolution process which, in a single day, combines the benefits of a mutually agreed solution resulting from mediation with the certainty of a binding arbitral decision (subject to appeal rights) if parties are unable to achieve a mediated resolution. In the case of eligible family law disputes, the first part of the day would be dedicated to working toward a mediated solution. If the parties are unable to resolve their disputes through mediation, during the latter half of the day, counsel for the parties would make submissions and submit evidence to Cheryl in her role as arbitrator. At the end of the day, Cheryl would render an oral decision regarding the disputed matters with brief written reasons to follow shortly thereafter. The parties will agree to limited reasons for the decisions made by Cheryl, and that appeal routes are narrowed.
Getting Ready For Rapid Resolution:
In advance of proceeding with the Rapid Resolution process:
- The parties will be screened by a third party to ensure that there are not any intimate partner power imbalances;
- the parties will complete and sign a Rapid Resolution agreement with independent legal advice, which, among other things, sets out the issues in dispute, terms regarding the exchange of family law disclosure information between the parties, and the agreement of the parties to the process;
- the parties will exchange all relevant disclosure and information well in advance of their day of Rapid Resolution and attest to having received all relevant and requested disclosure; and
- If Cheryl needs further information, she will request and receive the same prior to the Rapid Resolution process occurring.
What Are The Benefits Of Rapid Resolution:
Rapid Resolution has all the benefits of the Mediation-Arbitration Process. In addition, the benefits of Rapid Resolution include:
- Finality – the family law issues in dispute will be resolved in a single day.
- Reduced Cost and Time – The process is efficient by completing Rapid Resolution in a single day. It can be concluded more quickly and at less expense than separate mediation, arbitration, or court proceedings.
Choosing the Right Mediator -Arbitrator
As noted in the case of the Mediation-Arbitration process, the Mediator/Arbitrator in the Rapid Resolution process requires substantial training and expertise to successfully and effectively manage and fulfill their dual role in this hybrid dispute resolution process. Cheryl has such training and expertise. She has nearly 40 years of experience as a family law lawyer and a Masters degree in counselling. She is a Certified Family Law Specialist and is designated as an Accredited Family Mediator by the Ontario Association for Family Mediation and, as an arbitrator, a Designated ADR Professional of the ADR Institute of Ontario. She is the recipient of many awards and accolades for her work and contributions in the area of Family Law, including the Ontario Bar Association’s Award For Excellence In Family Law, which is awarded to a single outstanding nominee annually.