Difference between revisions of "Resolving Family Law Problems out of Court"

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Resolving Family Law Problems out of Court (view source)

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Almost every issue a couple faces when their relationship breaks down can be handled without litigation, as long as both people are able to discuss things and each is flexible enough to find compromise. The only reason why a couple must go to court is to get a divorce.  
Almost every issue a couple faces when their relationship breaks down can be handled without litigation, as long as both people are able to discuss things and each is flexible enough to find compromise. The only reason why a couple must go to court is to get a divorce.  


There are many reasons why it is often  (but not always)  better to resolve matters out of court. One big reason is that it is often, in the long run, cheaper than a court process. However it is important to note that with the exception of some services provided by Family Justice Counsellors in some communities, and a limited amount of mediation paid for in limited circumstances by Legal Aid, the parties, or one of them, will have to pay for the mediator, arbitrator or parenting coordinator.  Sometimes these specialists charge on a sliding scale, but often those fees will be in the neighbourhood of $200-$400 per hour and up.  They will usually require significant retainers in advance.  Supreme Court does have daily fees that the parties have to pay unless they qualify for indigent status, but there is no charge for the judge.  In Provincial Court there are no charges at all.  But even if mediation or parenting coordination is ordered by the court, it is still the responsibility of the parties to pay the mediator’s  or the parent coordinator’s fees.
There are many reasons why it is generally better to resolve matters out of court. Agreements that are made voluntarily by both parties are more likely to be long-lasting and leave both people more satisfied than if a third party (a judge) makes the decision for them. Another big reason is that resolving matters out of court is often, in the long run, cheaper than a court process. That is not to say out of court processes are cheap or free (with the exception of some services which are detailed below). The processes here still require a financial investment. We just think it’s better to invest in one of these processes and come out with a more durable “win-win” agreement for both parties and their children, and to avoid court if you are able to.


This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when a party has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative Processes|collaborative processes]], [[Family Law Mediation|mediation]], [[Family Law Arbitration|arbitration]], and [[Parenting Coordination|parenting coordination]].
This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when a party has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative Processes|collaborative processes]], [[Family Law Mediation|mediation]], [[Family Law Arbitration|arbitration]], and [[Parenting Coordination|parenting coordination]].
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