What to Expect: A Roadmap Through Mediation, Arbitration & Parenting Coordination

Family dispute resolution is not one-size-fits-all.

The structure of the process matters. Who is in the room, how information is exchanged, when decisions need to be made, and whether the parties are ready to negotiate can all affect both the quality of the process and the durability of the outcome. A well-designed ADR process begins by asking a simple question: What does this family need in order to move forward safely, fairly, and effectively?

Choosing the Right Process

Some matters benefit from plenary sessions, where both parties—and counsel, where involved—meet together. This can support transparency, efficient information-sharing, and collaborative problem-solving where direct communication remains workable.

Other matters are better suited to shuttle mediation, with the parties participating from separate physical or virtual rooms and the mediator moving between them. Shuttle processes may be appropriate where conflict is entrenched, communication has deteriorated, or safety and power dynamics require greater structure.

The format is not about labelling a family as “high conflict” or “cooperative.” It is about designing conditions in which each person can participate meaningfully and decisions can be made with appropriate safeguards.

Readiness Matters

Before substantive negotiations begin, there are several dimensions of readiness to consider.

Emotional readiness. Resolution does not require agreement about the past. It does require enough capacity to turn toward practical, forward-looking decisions rather than using the process to continue the conflict.

Information readiness. Parties need sufficient reliable information to make informed decisions. In financial matters, that means appropriate disclosure. In parenting matters, it may mean understanding the children's circumstances, schedules, developmental needs, and the practical realities of each proposed arrangement.

Safety and balance. Effective participation requires more than simply giving each person an opportunity to speak. The process must account for coercion, intimidation, family violence, significant power imbalances, and other circumstances that may affect a person's ability to participate or negotiate freely.

Readiness is therefore not a hurdle to clear. It is something assessed throughout the process.

What the Process May Look Like

Although every matter is different, the roadmap commonly moves through four stages:

1. Intake & Screening ➜

Individual, confidential intake and screening meetings help assess suitability, safety, power dynamics, communication patterns, and the process structure most likely to work.

2. Defining the Issues ➜

The parties identify what actually needs to be resolved. Depending on the matter, this may include parenting arrangements, decision-making responsibility, support, property issues, implementation questions, or discrete parenting coordination issues.

A clear agenda keeps the process focused.

3. Exploration & Problem-Solving ➜

Information is exchanged and tested. Interests and concerns are identified. Options are developed and evaluated.

The objective is not simply to find a compromise somewhere in the middle. It is to determine whether there is a practical, informed and sustainable resolution available.

4. Resolution—or Determination ➜

Where agreement is reached, the terms can be documented in the appropriate form.

Where the parties have agreed to a mediation-arbitration process and some issues remain unresolved, the process may transition to arbitration. At that stage, the role changes: the arbitrator hears the evidence and submissions and makes a binding determination in accordance with the governing agreement and law.

In parenting coordination, the process may similarly move between consensus-building and determination within the scope of the Parenting Coordination Agreement.

The Roadmap Can Change

Good process design is responsive.

A matter may begin jointly and later require shuttle sessions. A negotiation may need to pause while disclosure is completed. A parenting issue that initially appears narrow may reveal a need for clearer protocols or more structured communication.

Changing the process is not necessarily a sign that it has failed.

Sometimes, changing the process is what allows the process to work.

The objective throughout is the same: a fair, informed and appropriately structured pathway toward resolution—with clarity about what happens if agreement cannot be reached.

The right ADR process does more than resolve an issue. It creates the conditions in which resolution becomes possible.