British Columbia Law
Mediation and Other ADR Services
In addition to the traditional dispute solutions of negotiation and court litigation, Sea to Sky Law™ offers Alternative Dispute Resolution (ADR) — including mediation and private arbitration — to help you resolve disputes efficiently, affordably, and with far less stress than court proceedings.
ADR works well for both business and personal disputes. When all parties cooperate in good faith, ADR can be significantly cheaper and faster than traditional court options. More importantly, it gives the parties control over their outcome — rather than leaving the decision to a judge.
What ADR Includes
ADR is an umbrella term covering several distinct processes:
- Negotiation: The parties (or their lawyers) communicate directly to reach a settlement, without any neutral third party
- Collaborative Law: Each party retains a specially trained collaborative lawyer, and all parties sign a participation agreement committing to resolve the matter without court proceedings
- Mediation: A neutral mediator facilitates communication between the parties to help them reach their own agreement
- Arbitration: A private decision-maker — the arbitrator — hears evidence and arguments from both sides and makes a binding decision, much like a judge but in a private forum
- Med-Arb: A hybrid process where the neutral first mediates and, if no agreement is reached, arbitrates
Mediation: The Parties Make the Agreement
The most important thing to understand about mediation is that the mediator does not make decisions. In mediation, the mediator helps the parties communicate and find common ground — but it is the parties themselves who craft and agree to the resolution.
Because mediation is not bound by strict rules of evidence or courtroom procedure, parties can discuss their underlying interests, feelings, and priorities — not just the legal facts. This often leads to creative, practical agreements that no court would have the power to impose.
For example, a parenting plan tailored to the children's specific school and activity schedule, or a property division that reflects the actual value each spouse contributed, rather than a rigid 50/50 split.
Mediation is private and confidential. Statements made in mediation generally cannot be used in subsequent court proceedings, which encourages frank discussion.
Even Partial Agreement Has Value
Even if a final agreement is not achieved on all issues, mediation has real value. Narrowing the list of issues in dispute — even if some issues must go to court — saves significant time and money. A court hearing on two focused issues is far less expensive than a trial on ten issues.
Arbitration: A Private Judge
An arbitrator is a private decision-maker chosen by agreement of all parties. Unlike mediation, arbitration results in a binding decision — called an Award — that can be enforced by the courts. Arbitration under BC's Arbitration Act (for commercial matters) or through private family law arbitration is increasingly used in BC for its speed and flexibility.
Parties in arbitration can:
- Choose their arbitrator (including someone with specific expertise)
- Control the timeline
- Choose a streamlined process compared to court
- Keep the proceedings private
Andrew Liggett's ADR Credentials
Andrew Liggett BA JD CD holds the Law Society of BC's Family Law ADR Professional designation — one of the most comprehensive ADR credentials available in BC. This designation encompasses:
- LSBC Family Law Mediator designation
- LSBC Family Law Arbitrator designation
Andrew can serve as mediator or arbitrator for family law matters between separating spouses, or he can represent one party as their lawyer in mediation or arbitration proceedings where someone else is the neutral.
When ADR Is Not Appropriate
ADR works best when both parties participate voluntarily and in good faith. It is not recommended where there is a significant power imbalance, coercive control, or active family violence — in those situations, court protections may be necessary. Andrew Liggett will always assess whether ADR is safe and appropriate for your circumstances before recommending it.
Sea to Sky Law™ has decades of successful experience helping thousands of people resolve their legal disputes through mediation and ADR. Contact us to explore whether ADR is the right path for your situation.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.