What is Collaborative Family Law?
Collaborative family law is a method of resolving disputes that takes place outside of the court system, in which both parties to the dispute work together with their family lawyers in Toronto to arrive at a resolution. This approach fosters a cooperative environment, reducing the stress and financial burden often associated with litigation.
The first step in resolving a family law issue collaboratively is to try to come to an agreement by negotiating through lawyers. Working with family law lawyers ensures that both parties receive fair representation and guidance throughout the process. In addition, if parties are not able to reach an agreement through negotiations alone, they can enter into the mediation/arbitration process in lieu of going to court to litigate their issue(s).
What is Mediation?
In mediation, the parties and their divorce mediation lawyers meet to work out a settlement with the help of a neutral third party. The mediator may be a senior lawyer or another appropriate professional recommended by the court. Each lawyer will ask for personal and financial disclosure from opposing counsel before the mediation date so that all of the required information will be available at the mediation. This process helps ensure transparency and fosters informed decision-making.
Mediation is often a preferred choice for couples looking to resolve their disputes amicably, especially when children are involved. It allows for open communication and tailored solutions that address the unique needs of both parties.
What is Arbitration?
If the parties are unable to arrive at a settlement agreement through mediation, the process will shift into arbitration. An arbitrator is a neutral third party who hears evidence and arguments from both sides and makes a legally binding decision. The arbitrator acts like a judge, enforcing procedural rules, legal rights and obligations, and decorum.
Working with experienced family lawyers in Mississauga during arbitration can be beneficial, as they can help present strong legal arguments and ensure that the arbitrator considers all relevant factors before making a final decision.
How Does the Mediation/Arbitration Process Work?
The power of the arbitrator to make a binding decision comes from the arbitration agreement. The arbitrator can determine the legal contract specified by the parties. A similar agreement will precede mediation, setting out the obligations of the parties, including the obligation to negotiate in good faith. Both parties and witnesses must sign these agreements. They must also state whether they are governed exclusively by Ontario law.
It is possible, however, for the court to find such a clause invalid for reasons such as:
- A finding that one of the parties signed the agreement under duress;
- A finding that there is a power imbalance between the parties;
- The failure of a party to make relevant financial disclosure;
- A finding that mediation/arbitration would not be in the best interests of a child; and
- One of the parties did not comprehend the nature and effect of the agreement.
Why is Mediation/Arbitration Often a Better Option than Litigation?
Whether entered into voluntarily or by virtue of an agreement, this process is a far cheaper way to resolve a dispute, both in terms of the fees paid by the parties and the strain put on court resources. Additionally, mediation and arbitration allow for greater control over the outcome, as opposed to relying on a judge’s decision in court.
Divorce mediation lawyers play a crucial role in ensuring that their clients’ best interests are represented throughout the process. They provide strategic legal advice and help clients navigate complex family law matters efficiently.
When is Mediation/Arbitration Not a Suitable Option?
Mediation and/or arbitration may not be the best option for all family law conflicts. As mentioned, power dynamics between the parties may unfairly affect the outcome. Domestic abuse can be subtle and difficult to detect.
As of 2008, an arbitration agreement must include a provision requiring the arbitrator to be trained in family law. This screening is to determine the parties’ eligibility for arbitration and flag any safety issues. The arbitrator is not required to follow the recommendations in a domestic violence screening and power imbalance report. Generally, however, arbitrators tend to follow the recommendations of the screening report.
Financial disclosure from the opposing party in a mediation or arbitration may not be mandatory. If one party is hiding assets, the arbitrator cannot order that party to produce information.
Overall, mediation and arbitration are very helpful tools in reaching a solution. A judge will look more kindly on a party who shows a willingness to negotiate than on one who refuses. A good lawyer will help you figure out the best way to solve your problem.
How to Find Help
Do you need legal advice? Get help from divorce lawyers who are trained to help you navigate through the whirlwind of paperwork and emotions that come with deciding how to proceed. Working with family law lawyers can make a significant difference in achieving a fair resolution.
Tailor Law Professional Corporation offers a free thirty-minute consultation during which you can speak to a lawyer about your situation. Our family lawyers in Mississauga are happy to sit down with you and discuss your legal issue. We encourage you to meet with one of us, and we’ll see how we can help. This company provides free consultation to help figure out the best way forward.
Give us a call at 905-366-0202 or book online here.
