Resolving Family Law Problems out of Court: Difference between revisions
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Resolving Family Law Problems out of Court (view source)
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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 will 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 will work; be willing to think outside the box. | ||
== | ==Recording the Settlement== | ||
It is always best to write out the terms of settlement when a settlement as been reached. Writing the agreement out gives everyone a written record of their agreement which they can refer to if there's a dispute about the agreement down the road. | It is always best to write out the terms of settlement when a settlement as been reached. Writing the agreement out gives everyone a written record of their agreement which they can refer to if there's a dispute about the agreement down the road. | ||
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Finally, you should also consider whether the thing you want to change is worth losing your lawyer. If your lawyer was with you at the bargaining table and acted for you in negotiating the terms of your agreement, your lawyer is under a professional obligation not to continue acting for you if the agreement was made in good faith, in the absence of some deception by the other side. Your lawyer will have no choice but to quit, and you will have to hire a new lawyer. | Finally, you should also consider whether the thing you want to change is worth losing your lawyer. If your lawyer was with you at the bargaining table and acted for you in negotiating the terms of your agreement, your lawyer is under a professional obligation not to continue acting for you if the agreement was made in good faith, in the absence of some deception by the other side. Your lawyer will have no choice but to quit, and you will have to hire a new lawyer. | ||
==Page Links & Resources== | |||
===Legislation=== | |||
* <span style="color: red;">bulleted list of linked legistlation referred to in page</span> | |||
===Links=== | |||
* <span style="color: red;">bulleted list of liked external websites referred to in page</span> | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||