This section explains ways that family law disputes can be resolved outside of the courtroom. The Nunavut Court of Justice supports these processes to help families find solutions respectfully and cooperatively.
Family law disputes can sometimes be settled without going to court. These are called alternative dispute resolution (ADR) options.
Common options include:
- Mediation: A trained mediator helps both sides talk and try to reach an agreement.
- Negotiation: The people involved, or their lawyers, discuss and try to agree on their own.
- Conciliation: A neutral person helps guide the discussion to reduce conflict.
- Judge-led Settlement Conference: A judge helps the parties explore ways to settle before trial.
- Collaborative Family Law: Each person works with a lawyer who helps them reach a shared solution.
When it May Not be Appropriate
Dispute resolution is not right for every situation. Please think carefully about your safety and whether you can speak freely or have your child’s voice heard. Mediators use screening tools, like lists of questions, to decide if the process is safe and suitable.
Family dispute resolution might not be right for you if there is:
- high conflict
- a power imbalance
- family violence
If you cannot reach an agreement through these processes, you can try another approach or go to court. If the case goes to trial, a judge will make the final decision. This decision becomes a court order that must be followed.