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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 15:16, 25 May 2019
, 15:16, 25 May 2019→Alternatives to court
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This is a dramatic change from the old ''Family Relations Act'', which didn't deal with out-of-court dispute resolution options except in terms of how agreements could be enforced or set aside. | This is a dramatic change from the old ''Family Relations Act'', which didn't deal with out-of-court dispute resolution options except in terms of how agreements could be enforced or set aside. | ||
== | ==Out-of-court options== | ||
There really are only two ways to resolve a legal dispute without going to court: you can negotiate a settlement, or you can ask someone other than a judge to arbitrate the dispute and impose a resolution. Mediation and the collaborative process are types of negotiation. Parenting coordination is a hybrid process that uses elements of mediation and elements of arbitration. | There really are only two ways to resolve a legal dispute without going to court: you can negotiate a settlement, or you can ask someone other than a judge to arbitrate the dispute and impose a resolution. Mediation and the collaborative process are types of negotiation. Parenting coordination is a hybrid process that uses elements of mediation and elements of arbitration. | ||
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===Negotiation=== | ===Negotiation=== | ||
Negotiation is a cooperative effort to resolve a dispute through discussion. | Negotiation is a cooperative effort to resolve a dispute through discussion. Simply put, mediation and the collaborative process are structured ways of handling this discussion; they are both processes of negotiation. | ||
Couples can negotiate a dispute between themselves, with the help of a lawyer, or with the help of a judge at a settlement conference if a court proceeding has started. Negotiation boils down to this: | Couples can negotiate a dispute between themselves, with the help of a lawyer, or with the help of a judge at a settlement conference if a court proceeding has started. Negotiation boils down to this: | ||