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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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The collaborative process is a kind of structured negotiation in which the parties and their lawyers sign an agreement not to go to court and to work together as a team to reach a settlement. The team can use counsellors to both address the emotional and psychological issues related to the separation and provide their expertise on parenting plans. Other specialists can be recruited to help with particular subjects, such as issues about the children or complicated financial problems, as the need arises. The goal of the collaborative process is to arrive at a durable settlement that, as much as possible, meets both parties’ highest needs and goals. The idea is that by working together as a team, creative options can be explored for the benefit of the family. | The collaborative process is a kind of structured negotiation in which the parties and their lawyers sign an agreement not to go to court and to work together as a team to reach a settlement. The team can use counsellors to both address the emotional and psychological issues related to the separation and provide their expertise on parenting plans. Other specialists can be recruited to help with particular subjects, such as issues about the children or complicated financial problems, as the need arises. The goal of the collaborative process is to arrive at a durable settlement that, as much as possible, meets both parties’ highest needs and goals. The idea is that by working together as a team, creative options can be explored for the benefit of the family. | ||
There are ''collaborative practice groups'' all over British Columbia. These groups consist of legal professionals whose main focus is using the collaborative process to help their clients. More information about collaborative | There are ''collaborative practice groups'' all over British Columbia. These groups consist of legal professionals whose main focus is using the collaborative process to help their clients. More information about the collaborative process is discussed in this chapter's section on [[Collaborative Process]] and on the following websites: | ||
* [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Collaborative Roster) | * [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Collaborative Roster) | ||
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Arbitration is a lot more formal than mediation, because the arbitration process can be very much like the court process. Each party presents evidence and arguments, and tries to persuade the arbitrator that their position is the right one. Mediation, on the other hand, is often more like a conversation, with no evidence apart from helpful things like financial statements and with no formal rules of procedure. | Arbitration is a lot more formal than mediation, because the arbitration process can be very much like the court process. Each party presents evidence and arguments, and tries to persuade the arbitrator that their position is the right one. Mediation, on the other hand, is often more like a conversation, with no evidence apart from helpful things like financial statements and with no formal rules of procedure. | ||
Arbitration is governed by the provincial ''[http://canlii.ca/t/84gc Arbitration Act]'', and is, like mediation and collaborative | Arbitration is governed by the provincial ''[http://canlii.ca/t/84gc Arbitration Act]'', and is, like mediation and the collaborative process, one of the dispute resolution processes that the court can refer people to under the ''[[Family Law Act]]''. | ||
Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family law arbitrators." They have to have practised as a lawyer for at least ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators <span class="noglossary">will</span> usually advertise that they provide arbitration services. More information about the training requirements for family law arbitrators is set out in the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/appendix-b-%E2%80%93-family-law-mediation,-arbitration-and/ Code of Professional Conduct] in Appendix B, and the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/part-3-%E2%80%93-protection-of-the-public/#d3 Rules] at Part 3, Division 3. | Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family law arbitrators." They have to have practised as a lawyer for at least ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators <span class="noglossary">will</span> usually advertise that they provide arbitration services. More information about the training requirements for family law arbitrators is set out in the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/appendix-b-%E2%80%93-family-law-mediation,-arbitration-and/ Code of Professional Conduct] in Appendix B, and the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/part-3-%E2%80%93-protection-of-the-public/#d3 Rules] at Part 3, Division 3. | ||