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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 15:39, 25 May 2019
, 15:39, 25 May 2019→Unbundling dispute resolution processes
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*unbundled legal services, or limited scope retainers, include piecemeal assistance from lawyers that focus on the things you need the most help with (see [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] for more information on this) | *unbundled legal services, or limited scope retainers, include piecemeal assistance from lawyers that focus on the things you need the most help with (see [https://unbundlinglaw.peopleslawschool.ca/ Unbundled Legal Services] for more information on this) | ||
== | ==Dispute resolution processes - thinking outside the box== | ||
The end of a relationship can be a messy business at times. In addition to the legal issues that sometimes come up, there are always emotional issues, and the emotional issues can sometimes cloud people's <span class="noglossary">judgment</span>. (This is one of the reasons why hiring a lawyer can be a good idea; the lawyer's job is to help you see the forest when all you can see is the tree in front of you.) Over time, the intensity of the emotional issues changes and, hopefully, mellows. This can have an effect on how the legal issues are managed; things that seemed terribly urgent or incapable of compromise become less urgent and more susceptible to alternatives. | The end of a relationship can be a messy business at times. In addition to the legal issues that sometimes come up, there are always emotional issues, and the emotional issues can sometimes cloud people's <span class="noglossary">judgment</span>. (This is one of the reasons why hiring a lawyer can be a good idea; the lawyer's job is to help you see the forest when all you can see is the tree in front of you.) Over time, the intensity of the emotional issues changes and, hopefully, mellows. This can have an effect on how the legal issues are managed; things that seemed terribly urgent or incapable of compromise become less urgent and more susceptible to alternatives. | ||
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As the circumstances and attitudes of the parties evolve, so should the approach being taken to the resolution of their dispute. | As the circumstances and attitudes of the parties evolve, so should the approach being taken to the resolution of their dispute. | ||
It seems to me that no one dispute resolution process is going to be appropriate throughout the life of a dispute, except perhaps litigation when the conflict between the parties is extreme or there are mental health or violence issues that | It seems to me that no one dispute resolution process is going to be appropriate throughout the life of a dispute, except perhaps litigation when the conflict between the parties is extreme or there are mental health or violence issues that cannot be addressed otherwise. Except for unhappy situations like that, different dispute resolution processes <span class="noglossary">will</span> be appropriate for different issues at different times over the course of a dispute. Being sensitive to this can really pay off. | ||
Say, for example, mediation has got you to the point where you agree on everything except for a technical issue, like someone's income or the best way to divide a family business. Rather than getting hung up the issue that you're stuck on, why not try something different? Agree that the issue <span class="noglossary">will</span> be dealt with through arbitration. Agree that the issue <span class="noglossary">will</span> be referred to a senior family law lawyer with special expertise in the area, and agree to be bound by the lawyer's recommended solution. Agree to seek the opinion of a non-lawyer expert. Or, if you must, agree to take that one issue to trial or ask a judge to give an opinion on the issue at a settlement conference. | Say, for example, mediation has got you to the point where you agree on everything except for a technical issue, like someone's income or the best way to divide a family business. Rather than getting hung up the issue that you're stuck on, why not try something different? Agree that the issue <span class="noglossary">will</span> be dealt with through arbitration. Agree that the issue <span class="noglossary">will</span> be referred to a senior family law lawyer with special expertise in the area, and agree to be bound by the lawyer's recommended solution. Agree to seek the opinion of a non-lawyer expert. Or, if you must, agree to take that one issue to trial or ask a judge to give an opinion on the issue at a settlement conference. | ||
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 | 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, the collaborative process, 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 Overview|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, parenting coordinator, and your lawyer are aware that it is a factor. | 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 Overview|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, parenting coordinator, and your lawyer are aware that it is a factor. | ||
==Formalizing the settlement== | ==Formalizing the settlement== | ||