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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)
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===Mediation=== | ===Mediation=== | ||
Mediation is another kind of structured negotiation in which the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find settlement that will work for both of them. The goal of mediation is to arrive at a settlement of some or all of the issues in dispute which both parties are as happy with as possible. | Mediation is another kind of structured negotiation in which the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find a settlement that will work for both of them. The goal of mediation is to arrive at a settlement of some or all of the issues in dispute which both parties are as happy with as possible. | ||
Mediation may be used by parties who never plan to set foot in a courtroom. It is also useful for parties who have started a court action but still want to try and settle out of court. | Mediation may be used by parties who never plan to set foot in a courtroom. It is also useful for parties who have started a court action but still want to try and settle out of court. | ||
If they reach a settlement, the terms of the deal can be set out in a separation agreement, in minutes of settlement, or in a consent order, depending on the circumstances and the preferences of the parties. | If they reach a settlement, the terms of the deal can be set out in a ''separation agreement'', in ''minutes of settlement'', or in a ''consent order'', depending on the circumstances and the preferences of the parties. | ||
Some lawyers also work as mediators. Lawyers who work as mediators are called ''family law mediators''. They have to have additional training in mediation, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law mediators <span class="noglossary">will</span> usually advertise that they are both lawyers and mediators. More information about the training requirements | Some lawyers also work as mediators. Lawyers who work as mediators are called ''family law mediators''. They have to have additional training in mediation, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law mediators <span class="noglossary">will</span> usually advertise that they are both lawyers and mediators. More information about the training requirements for family law mediators is available from the Law Society of British Columbia's page on [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/your-practice/areas-of-practice/family-law-alternate-dispute-resolution-accreditat/ Family Law Mediators]. | ||
For a quick introduction | For a quick introduction on how to start mediation, see [[How Do I Start Mediation with My Spouse?]]. It's located in the ''How Do I?'' part of this resource, within the section Alternatives to Court. For more detailed information about the mediation process, see the [[Family Law Mediation]] section of this chapter. | ||
The general rule is that mediation is a voluntary process. There is one exception to that rule. If you and your spouse are already parties to an action in the Supreme Court, the ''[http://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]'' provides a mechanism for requiring the other side to try mediation before getting into the courtroom. To find out how to use this regulation see [http://bcfamilylawresource.blogspot.ca/2014/01/lets-mediate-primer-on-notice-to.html JP Boyd on Family Law the Blog] for the procedure involved. | The general rule is that mediation is a voluntary process. There is one exception to that rule. If you and your spouse are already parties to an action in the Supreme Court, the ''[http://canlii.ca/t/85bd Notice to Mediate (Family) Regulation]'' provides a mechanism for requiring the other side to try mediation before getting into the courtroom. To find out how to use this regulation, see [http://bcfamilylawresource.blogspot.ca/2014/01/lets-mediate-primer-on-notice-to.html JP Boyd on Family Law the Blog] for the procedure involved. | ||
===Arbitration=== | ===Arbitration=== | ||