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Lawyers For Collaborative Divorce in Oakville
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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 to arrive at a resolution.
The first step in resolving a family law issue collaboratively is to try to come to an agreement by negotiating through lawyers. 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).
Collaborative Divorce Lawyers in Oakville
At Tailor Law, we appreciate the sensitivity and care required in dealing with your Collaborative Divorce matter. Our law firm works hard to approach your Collaborative Divorce matter with the sensitivity and expertise that is required. Both parties involved often have different perceptions of what is fair, making the entire process of reaching an agreement stretch out for seemingly forever. Differing incomes and roles in the family can make an equal financial split messy and confusing. Moreover, children can often be lost in the constant mess of everything going on. Our Collaborative Divorce Lawyers in Oakville are dedicated to bringing a resolution that is in your best interest and helps you as well as any children involved move forward.
What Is Mediation?
Mediation is a process in which both parties and their lawyers meet to work out a settlement with the help of a neutral third party who is experienced in family law. The mediator may be a senior lawyer or other appropriate person recommended by the court or decided by both parties. 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 is one of the methods used in Collaborative Divorce Law to help parties settle their matter outside of the court.
What Is Arbitration?
Arbitration is another form of negotiations that is used in Collaborative Divorce Law. If the parties are unable to arrive at a settlement agreement through mediation, the process will shift into arbitration. In this case, the neutral third party is referred to as an arbitrator, who will hear evidence and arguments from both sides and make a legally binding decision. The arbitrator acts kind of like a judge, enforcing procedural rules, legal rights and obligations, and decorum.
If mediation can resolve some but not all of the issues on the table, an agreement can be made that sets out the agreed-upon settlement and states that the remaining issues are to be decided through arbitration.
How Does The Mediation/Arbitration Process Work?
The power of the arbitrator to make a binding decision comes from the arbitration agreement. This legal contract sets out the parties’ responsibilities to the process, as well as the content and scope of the questions that can be decided by the arbitrator. A similar agreement will precede mediation, setting out the obligations of the parties, including the obligation to negotiate in good faith. These agreements must be signed by both parties and witnessed. They must also state whether they are governed exclusively by Ontario law.
When a resolution is reached, whether, through mediation or arbitration, the parties will sign a binding settlement agreement laying out the details of the resolution and what they will mean for each party.
Often, a separation agreement will include a clause requiring that any future disputes regarding the terms of the agreement shall be settled by way of mediation/arbitration. This prevents further litigation in court regarding issues that have already been legally resolved, as any changes to the agreement must be decided through mediation or arbitration.
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.
Also, bringing the resolution of issues out of the courtroom can serve to de-escalate the conflict, as the lawyers involved may be able to facilitate a more cordial and productive meeting. Mediation/Arbitration is a more private method of resolving conflicts, which can lessen parties’ fear of embarrassment or other negative feelings associated with exposing personal and financial details.
Searching For The Best Collaborative Divorce Lawyers in Oakville?
If you are seeking assistance with your Collaborative Divorce matter you can call Tailor Law today to get help from our trained Lawyers in Oakville who can help you navigate through the whirlwind of paperwork and emotions that come with deciding how to proceed.
If you have questions about your Collaborative Divorce matter or what assistance with Independent Legal Advice please call us today to set up an appointment to speak with one of our Lawyers.
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Oakville Collaborative Divorce Lawyers
Collaborative Divorce lawyers in Oakville offer legal support in the way to help negotiate and finalize your Divorce. In Collaborative Divorce matters, the lawyers at Tailor Law provide representation in Mississauga and Oakville. Tailoring a positive divorce requires the consideration of the best interests of the entire family. This means that all parties must consider the mental and physical welfare of the children with respect to special needs, living arrangements, education, childcare and financial maintenance. In seeking a Collaborative Divorce, you want top Collaborative Divorce lawyers in Oakville on your side to ensure you’re getting a fair deal. Tailor Law firm provides full service and representation in Collaborative Divorce matters.
Frequently Asked Questions
Collaborative Divorce Law is a voluntary form of negotiation that allows you and your partner to work together to resolve all legal issues. When you are in Mediation or Arbitration you may not have a trained lawyer advising you of the law and what you are entitled to. Having a Collaborative Divorce Lawyer on your side will help you obtain the correct information that you need to make an informative decision.
No matter what before you sign ANY agreement, either interim or final, make sure that you have the agreement reviewed by a lawyer. This is called Independent Legal Advice. For an agreement to be completely valid it must contain financial disclosure and be reviewed by a lawyer. To get assistance with your Collaborative Divorce Matter be sure to call Tailor Law today to set up a free consultation.
Both Mediation and Arbitration are voluntary alternative dispute resolution processes that are used in Collaborative Divorce Matters. Mediation is when you and your partner meet with a mediator who is trained to help you agree on a resolution to your issues without taking sides. The mediator will help you and your partner through your negotiations until you reach an agreement. A Mediator will not force you or your partner to agree on anything but help you to compromise and agree on things. Once the Mediation sessions are complete the Mediator will provide you with a mediation report that you can bring to a Lawyer who can help you finalize the separation agreement.
Arbitration is very similar to Mediation except your arbitrator is usually has special training and can sometimes be lawyer themselves. At arbitration through, if you and your partner cannot agree then the arbitrator can make a decision called a family arbitration award. This can then be turned into a final separation agreement that you will still need Independent Legal Advice on.
There are many reasons why you should consider going the Collaborative Divorce Lawyer route for your matter. The first and most important is the process is faster than going to court. When your matter enters the court you are required to follow the courts’ schedule which can be delayed and time-consuming. However, with Collaborative Divorce, you are on your own schedule and once a decision has been made all that needs to be done is turning your details into a final order. Collaborative Divorce Law is also cheaper than going to court as you can avoid court filing fees, process serving fees and other fees associated with the court.
However, you should not consider the Collaborative Divorce process, but the court process, if you have an emergency in your case and you need immediate court assistance. Mediators and Arbitrators cannot make final court orders so this must be done in the court and as soon as possible if there is an emergency. Also, if you and your partner cannot negotiate fairly and safely then you may want to consider getting a lawyer involved sooner then later and putting your matter in front of a judge who will be able to make a final decision in the best interest of all parties.