ISSUES
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A PROCESS FOR
RESOLVING YOUR DISPUTE
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RESOURCE FILE
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THERE IS NO CHARGE FOR AN INITIAL CONSULTATION.
CLICK HERE
or call (613) 244-4488
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Court
While many separating couples are able to negotiate a smooth transition to their new lives, some couples require help from the courts to resolve their disputes.
The court process can be helpful to separating spouses.
- Time Line
Once a court proceeding ix commenced, court rules require each side to follow certain steps which eventually lead to a final determination of the issues either by the parties themselves or a judge.
- Financial Disclosure
The court process requires full disclosure of each party’s finances. Final settlements are difficult to reach without full knowledge of each person's financial status.
- Conferences
Before a final determination in a court case can be made, the parties and their lawyers must appear before a judge in a less formal "conference". During a conference, judges use their skill and authority to help parties work towards settlement. Most court cases are settled well before a trial. However, working towards a trial may force parties towards their own resolution. The court process is expensive, time consuming, and divisive; it should be reserved for those cases where parties truly cannot come to a resolution.
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Negotiation
Many family disputes are settled by a couple negotiating an agreement either by themselves or with the assistance of lawyers. The results of a negotiation are usually written down in the form of a binding separation agreement.
Lawyers can assist in ensuring that agreements are legally binding and help parties be particularly useful in drafting these agreements in a way that ensures that they are legally binding.
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Mediation
Mediation involves a neutral third party or mediator helping parties arrive at a negotiated resolution of a dispute. This process is often cost effective and enables parties to control the outcome of family disputes. Often, solutions are arrived at through mediation, which would not be possible in a traditional adversarial setting. Once couples are successful in mediation, they are encouraged to put their agreement into writing. Usually each party will obtain independent legal advice from a lawyer before actually signing the agreement.
For more information on mediation in Ontario visit www.oafm.on.ca.
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Collaborative Law
Collaborative Law is a new process in which lawyers support their clients in negotiating their own resolution to family law issues. Settlement is achieved through a series of meetings between the parties and their lawyers. In this process, the parties promise not to go to court and to treat each other with respect and honesty. If one party insists on going to court or is not being honest, his/her lawyer must resign. This gives lawyers an incentive to help the parties arrive at a fair settlement.
For information on collaborative law in Ottawa, visit www.collaborative-law.ca.
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