Litigation / Arbitration
Collaborative Practice focuses on resolving the issues in a respectful and transparent manner with you and your family at the centre. The negotiations explore the concerns, goals, and needs of you and your spouse with a commitment to not go to court. Assisted by Collaboratively trained family lawyers, and often with support and guidance from jointly retained child and financial professionals, the resolution is tailored to fit your particular family and is formalized in a separation agreement.
With the assistance of a skilled, neutral third party mediator overseeing the process, mediation can be a good option and allow you and your spouse to work through your issues without going to court. Whether you choose to attend mediation with or without counsel, it is very important to get legal advice prior to commencing, as the mediator cannot advise you. Knowing your options and formulating a strategy is essential to a successful mediation.
If you don’t feel there is the level of trust or respect needed for the Collaborative Process or mediation, but wish to try for resolution outside of court, traditional negotiation may be a good option. There is little direct contact or communication between spouses with negotiations instead carried out between lawyers. If you or your spouse decides that the assistance of a decision-maker is needed for one or more issues, you can agree to opt for arbitration or go to court.
If you are unable to settle separation issues through negotiations, litigation or arbitration may be necessary, particularly if your spouse is not cooperative or takes unreasonable positions. Both litigation and arbitration give decision-making power to a third party. Litigation refers the matter to the publicly funded court process and arbitration uses a privately retained adjudicator or decision-maker. In either process, it is important to have a skilled and experienced advocate on your side.
We have established a successful practice around cohabitation agreements, marriage contracts, adoption, Dependent Relief claims and other related estate disputes.
Talk to one of our lawyers today and learn more about the best option for you and your family.Meet Our Team
Our blog explores family law issues that matter most to you and your loved ones. We discuss the various legal approaches to divorce and separation, as well as the emotional, financial, and legal impact a separation can have on different families.
Originally published in: Law Times, June 19, 2017 Written By Marg. Bruineman The confrontational scenario of two former lovers who are now feuding...
All of our family lawyers are members of Collaborative Practice Toronto and The International Academy of Collaborative Professionals. We have all completed advanced training and continue to attend ongoing Collaborative professional development sessions.