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In the very best case scenario, you and your spouse will be able to communicate directly to negotiate a Family Law result that is best suited for you. Most people would be reluctant to participate in this type of negotiation without receiving advice from a family lawyer about possible outcomes. It is essential that you obtain sound information and advice from a family lawyer.
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Mediation is a problem solving process in which separating spouses work with a neutral third party, the mediator, who assists them in finding solutions to their Family Law issues. The mediator does not provide participants with legal advice and does not make a decision about issues over which the participants disagree. Instead, he or she uses tools which help the participants to overcome areas of disagreement and arrive at a settlement.
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If you are separating or divorcing, everything that is most important to you is at stake: your children, your finances, your business, your home, your savings and investments.
Managing the Family Law process is complex – too complex to be taken on without legal support. We can help.
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Collaborative Family Law is a resolution process in which separating spouses agree that they will not go to Court. Instead, they agree to work together, in a collaborative manner, that is open and that places the needs of their children first. Each party has the benefit of a collaborative family lawyer who participates in the settlement negotiations, providing his or her client with legal advice and guidance throughout the negotiations. If a separating spouse is uncertain about managing negotiations on his or her own, Collaborative Family Law is a superior choice over direct negotiations or Mediation.
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Instead of negotiating directly with your spouse, you can have your family lawyer manage the negotiations on your behalf. Where:
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Arbitration allows for the resolution of disputes outside of the Court, through a process that is similar to the Court process. It is essentially a “private court,” in which the parties hire an “arbitrator” and agree to be bound by his or her decision in relation to their Family Law issues. The arbitrator is jointly selected by the parties and must be certified by the ADR Institute of Ontario. In Family Law cases, the arbitrator is generally a seasoned family lawyer. As is the case in Court, the arbitrator will make a decision after receiving evidence and hearing arguments from both parties. As is the case in Court, both parties are generally represented by skilled litigation lawyers.
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Proceeding to Court is generally the most time-consuming, hostile and costly technique to resolve Family Law issues. However, in some cases, it is unavoidable. If proceeding to Court, you and your spouse should each retain skilled litigation counsel. You will then prepare and file required Court documentation and place your issues before a judge, for his/her direction or decision in relation to contested matters.
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