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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 21:52, 20 June 2019
, 21:52, 20 June 2019→Dispute resolution processes — thinking outside the box
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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, 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. | 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]] | 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]] was ever 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== | ||