THE PROCESS

PROCESS OPTIONS

There are several methods of resolving family law disputes, which range from those that provide the client with a high degree of control over both the process and the final outcome to those that provide the client little or no control over the process or the final outcome:

COLLABORATIVE FAMILY LAW

Collaborative Family Law is a method of resolving family law disputes outside of court. The process involves both spouses and their specially trained lawyers attending periodic meetings to identify the issues at the core of the dispute, to generate options for resolution and to negotiate a settlement of the issues in a respectful and dignified manner. This method of resolving family law disputes is client-driven and depends upon the parties arriving at a mutually agreeable resolution. Both Deborah and Jim are trained to practice Collaborative Family Law. For more information regarding Collaborative Family Law, please visit www.oclf.ca.

FAMILY MEDIATION

A couple may also choose to resolve their dispute by way of family mediation. Family mediation involves the participation of an impartial third-party mediator, who listens to both sides of a dispute and then assists the parties in negotiating a mutually agreeable settlement. A mediator does not impose a decision on the parties. Jim is a trained mediator. For more information regarding family mediation, please visit www.attorneygeneral.jus.gov.on.ca/english/family/mediation.asp.

FAMILY ARBITRATION

Arbitration is third method for resolving disputes outside of court. Both parties must agree to the process and must agree on the choice of an “arbitrator”, the individual whom the couple will pay to resolve their dispute. The couple must sign a contract prior to the arbitration, which contract will set out the format of the arbitration and whether or not the decision of the arbitrator will be final and binding. Arbitration is very similar to going to court except that the couple has some control over the process and the selection of the ‘judge’. For more information regarding family arbitration, please visit www.attorneygeneral.jus.gov.on.ca/english/family/arbitration.asp.

LITIGATION

Litigation is the traditional model for family dispute resolution, whereby the parties file the required documents with a court to request that a judge resolve their dispute after hearing the positions of both sides. The judge's decision is given in the form of an Order, which is legally binding on the parties unless one of the parties successfully appeals the judge’s decision. Both Deborah and Jim are experienced litigators. For general information regarding family law matters, please visit www.attorneygeneral.jus.gov.on.ca/english/family/default.asp.
Share by: