Introduction to Family Law in British Columbia: Difference between revisions
Jump to navigation
Jump to search
Introduction to Family Law in British Columbia (view source)
Revision as of 13:29, 8 August 2017
, 8 August 2017no edit summary
(Reordered things) |
mNo edit summary |
||
Line 77: | Line 77: | ||
==Resolving family law problems== | ==Resolving family law problems== | ||
If you have a family problem now or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's | If you have a family problem now, or might have one in the future, you have two ways to resolve that problem: you can talk to the other person and try make a decision about the problem together; or, you can ask someone else to make the decision for you. Really, there's also a third option. You could also walk away refuse to deal with the problem, and wait to see what happens. This is a terrible way of dealing with family law problems. | ||
If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal agreement. Reaching an agreement usually requires negotiation. You can | If you want to try to make a decision about the problem together, you and the other adults involved in the problem will need to agree on a resolution and your decision will usually be written down in a formal agreement. Reaching an agreement usually requires negotiation. You can negotiate face to face, or do it through lawyers. ''Mediation'' is a kind of negotiation that uses a specially-trained mediator to help people talk to each other and find a resolution. ''Collaborative settlement processes'' are a kind of negotiation that uses specially-trained lawyers, and sometimes people who are experts about money or experts about children, who work together to help people talk to each other. | ||
If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding governed by the formal rules of court that will conclude months or years later with a trial before a judge, if your family problem isn't resolved before then. If you ''arbitrate'', you will start a private proceeding governed by rules you can help design that will conclude months later with a hearing before an arbitrator. | If you want to ask someone to make a decision about the problem, you can go to court or you can go to an arbitrator. If you ''litigate'', you will start a public court proceeding governed by the formal rules of court that will conclude months or years later with a trial before a judge, if your family problem isn't resolved before then. If you ''arbitrate'', you will start a private proceeding governed by rules you can help design that will conclude months later with a hearing before an arbitrator. | ||
Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as an ''agreement'', but if you can negotiate a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. | Court proceedings usually end with the judge's ''order''. Arbitration proceedings end with the arbitrator's ''award''. Negotiation usually ends with a settlement that is written down as an ''agreement'', but if you can negotiate a deal in the middle of a court proceeding, the settlement might be written down as a ''consent order''. If you negotiate a deal in the middle of an arbitration proceeding, the settlement might be written as a ''consent award''. Orders, awards and agreements are for family law problems that you have now. Agreements are also used for family law problems that you might have in the future. | ||
'''Further reading:''' | '''Further reading:''' |