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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
Revision as of 22:26, 17 October 2013
, 22:26, 17 October 2013added chapter advising that screening for family violence would occur
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For more information about parenting after a relationship has ended and how to put the children first in your dispute with the other parent, see the section on [[Parenting after Separation]]. For more information about the emotional issues that tend to come with the end of a long-term relationship and how to keep those issues from hopelessly complicating your dispute, see the section on [[Separating Emotionally]]. | For more information about parenting after a relationship has ended and how to put the children first in your dispute with the other parent, see the section on [[Parenting after Separation]]. For more information about the emotional issues that tend to come with the end of a long-term relationship and how to keep those issues from hopelessly complicating your dispute, see the section on [[Separating Emotionally]]. | ||
==The ''Family Law Act'' and alternatives to court== | ==The ''Family Law Act'' and alternatives to court== | ||
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There is a whole spectrum of processes that can be used to resolve some or all aspects of a family law dispute. Litigation, arbitration, mediation, collaborative processes, and negotiation are all important means of resolving disputes, and more than one process can be best suited for any given problem at any point over the course of a dispute. However, being creative can suggest further options like agreeing to be bound by the opinion of a respected lawyer or taking just one issue to a settlement conference. Don't get locked into the idea that only litigation or only mediation <span class="noglossary">will</span> work. Be willing to think outside the box. | There is a whole spectrum of processes that can be used to resolve some or all aspects of a family law dispute. Litigation, arbitration, mediation, collaborative processes, and negotiation are all important means of resolving disputes, and more than one process can be best suited for any given problem at any point over the course of a dispute. However, being creative can suggest further options like agreeing to be bound by the opinion of a respected lawyer or taking just one issue to a settlement conference. Don't get locked into the idea that only litigation or only mediation <span class="noglossary">will</span> work. Be willing to think outside the box. | ||
If you do see a mediator, arbitrator, parenting coordinator, or a lawyer for basic advice, you should expect to be asked questions about whether family violence may be an issue during your relationship or separation. This is because of a particular concern that, if out of court processes are going to be used to resolve issues, both parties are participating freely and are able to make good decisions without fear for themselves or the children. If there has been family violence, it doesn't mean you may not use out of court dispute resolution but it is important that the mediator, arbitrator, parent coordinator, and your lawyer are aware that it is a factor. | |||
==Formalizing the settlement== | ==Formalizing the settlement== | ||
