Mediation & Arbitration
Tyleen Underwood is accredited as both a Family Law Mediator and a Family Law Arbitrator. Both of these are viable, cost-effective, private and often confidential avenues for resolving issues outside of a courtroom.
A Mediator is specially trained to help people resolve conflict. Unlike a judge, a mediator doesn't impose solutions, but helps people find their own solutions to their problems.
An Arbitrator works for and listens to the position of all parties. After carefully considering the issues, the arbitrator then prepares a written decision that is legally binding and enforceable by the court.
Through mediation everyone’s voice is heard, sensitive matters are discussed, and information is shared to cooperatively develop a beneficial result for all parties involved.
Mediation has become a common method of resolving issues involving family law, such as divorces and child custody issues.
In most cases, mediation is voluntary and all parties have to agree to participate. If you and your spouse have a case before the Supreme Court of Canada, however, you can take steps to force your spouse to attend a mediation session by serving them with a Notice to Mediate.
If the mediation process fails to yield results, or if it appears to be an untenable option, Tyleen may instead recommend engaging in arbitration.
Arbitration is a private dispute resolution alternative. In arbitration, parties agree to forgo their right to bring a claim in court and instead appoint a third party professional to adjudicate their claims. The parties agree to be bound by the decisions of their appointed Arbitrator, subject to agreed upon rights of appeal.
Arbitration allows all parties to tailor the process to match their particular needs and choose various details of how the process unfolds. Everyone must agree in writing to the rules that will apply before the arbitration begins. Arbitration is generally more streamlined and efficient process than it is to resolve issues through the courts.
Tyleen Underwood’s roles as a mediator and an arbitrator are not limited to Family Law disputes. Here are just a few areas in which she can provide assistance:
Division of Property
Agreement or Contract Disputes
Landlord / Tenant Issues
Allegations of Fraud
Tyleen Underwood was born and raised in the Kootenays. She obtained her Bachelor in Arts criminology degree from Simon Fraser University in 1998 and went onto to complete her law degree at the University of Saskatchewan in 2001. She was called to the bar in Nelson in June 2002.
Tyleen has been practicing law in Nelson focusing on criminal law and family law litigation in both provincial and Supreme Court. She has an excellent working relationship with courts and benches throughout British Columbia.