
Marian Grande: Mediation and Arbitration Instead of Family Court
About this episode
Run the math on a family-court fight and the number rarely works out. Marian Grande has clients who spent over ten years and hundreds of thousands of dollars in the system, and even the ones who technically won came out even or behind once the legal fees, the time off work, and the toll on the kids were counted.
Marian Grande is an accredited family mediator, parenting coordinator, and divorce coach who has worked in family law for more than two decades, first alongside counsel and now directly with clients across Canada, with some services in the US. She founded Absolute Dispute Resolution in Ontario, and her whole model is built on a claim that surprises people: mediation is not a soft option reserved for amicable splits. She takes high-conflict cases, the kind where both parents are certain it will never work, and settles most of them anyway.
Marian and Lisa talk through why so many people assume court is the only path the moment they separate, and how that assumption costs them. In much of Canada, mediation is the required first step, and lawyers have a duty to recommend it under the Divorce Act; skip it and a judge may send you back regardless. They get into the difference between a parenting coordinator who can only facilitate and one who can arbitrate, and what it means when a single decision, a school choice or a medical need, gets handed to a neutral who will actually rule on it.
The conversation stays concrete about how a parent should show up to arbitration: treat it as a mini trial on one issue, present the strongest and most recent evidence first to show a pattern, and leave the binders at home because speaking time is short. Marian also covers what a legitimate objection looks like when one parent says they cannot pay for a child's care and the other offers to cover it, when she will separate warring parties or end a coordination contract, and why she builds review clauses into her agreements.
As always, this is strategic education, not legal or mental-health advice for your specific situation.
🎓 What you'll learn
- Why "mediation will never work with my ex" is often wrong, and what actually predicts settlement
- Why filing motions first can trap you in a cycle of court dates and legal bills
- The cost-benefit analysis to run before every court fight, including the costs that aren't legal fees
- What a parenting coordinator is, and how a dispute-resolution clause keeps you out of court
- How arbitration works when mediation stalls: a binding decision in weeks, not years
- How to present a single issue like a mini trial, with best-interest evidence instead of binders
- Why "I can't afford it" often isn't a real objection when the other parent offers to pay
- How witnesses, hearsay, and review clauses work differently in arbitration than in court
⏱️ Chapters
0:00 Intro
1:00 Meet Marian: mediator, parenting coordinator, divorce coach
3:00 "It'll never work with my ex," and why most of her cases settle
5:00 Why skipping mediation wastes money before you even file
9:00 The money pit: tens of thousands spent with nothing resolved
15:00 Cost-benefit analysis: even a 100 percent win still costs you 100 percent
19:00 What a parenting coordinator actually is
21:00 Arbitration: when the coordinator becomes decision-maker
27:00 Presenting your case: best-interest evidence and the "I can't pay" objection
35:00 Timeline, and treating it like a mini trial
41:00 Witnesses, hearsay, firing a coordinator, and review clauses
Keep going 💜
Book a free 30-minute discovery call and we'll help you map your next steps: https://beentheregotout.com/call
📘 Been There Got Out: Toxic Relationships, High-Conflict Divorce, and How to Stay Sane Under Insane Circumstances — https://www.amazon.com/dp/194627495X
📘 Been There Got Out: When Your Ex Turns the Kids Against You (our parental-alienation book) — https://www.amazon.com/dp/1967674183
🔗 Marian Grande at Absolute Dispute Resolution: https://absolutedisputeresolution.com/
About Been There Got Out
Chris Barry and Lisa Johnson are high-conflict divorce, custody, and co-parenting strategists, and the founders of Been There Got Out. They know these cases from the inside: both have successfully represented themselves in family court. Few attorneys have a playbook for a case like this — Chris and Lisa write yours with you, so you and your kids can get through it as unscathed as possible.
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