Family disputes can be difficult and stressful, and going to court to resolve them can be expensive and time-consuming. Fortunately, there are alternative ways to resolve family disputes without going to court. In this article, we’ll explore some of the options available to families in Canada who are looking to resolve disputes amicably and collaboratively.
Mediation
Mediation is a process where a neutral third party (the mediator) helps the parties in a dispute come to a mutually agreeable solution. The mediator does not make decisions for the parties but helps them communicate and negotiate with each other. Mediation can be a cost-effective and efficient way to resolve family disputes, such as divorce, child custody, and support issues.
Collaborative Family Law
Collaborative family law is a process where both parties and their lawyers agree to work together to resolve the dispute without going to court. In collaborative family law, the parties sign a contract agreeing to be transparent and cooperative throughout the process. This approach often involves the use of neutral experts, such as accountants and child specialists, to help the parties come to a mutually beneficial solution.
Arbitration
Arbitration is a process where a neutral third party (the arbitrator) is hired to make a binding decision on a dispute. Unlike mediation, the arbitrator has the authority to make a decision for the parties. Arbitration can be a faster and more private way to resolve family disputes than going to court. However, it can also be more expensive than mediation and collaborative family law.
Negotiation
Negotiation is a process where the parties in a dispute communicate and try to come to a mutually beneficial solution without the assistance of a neutral third party. Negotiation can be done directly between the parties or through their lawyers. Negotiation can be a good option for families who are willing to work together to find a solution but need some assistance in reaching an agreement.
When to Seek Legal Advice
It is important to seek legal advice before choosing any of the above methods of resolving family disputes. A lawyer can help you understand the pros and cons of each option and can advise you on which approach is best suited to your situation. If you choose to pursue collaborative family law, you will need to hire a lawyer who is trained in this approach.
Conclusion
Family disputes can be stressful and emotional, but they don’t have to end up in court. Mediation, collaborative family law, arbitration, and negotiation are all options for families who are looking to resolve disputes amicably and collaboratively. It is important to seek legal advice before choosing any of these options and to choose an approach that is best suited to your particular situation. Collaborative family law is one approach that can be particularly effective in resolving family disputes in a collaborative and cooperative manner. If you are interested in pursuing the option, get in touch with our skilled lawyer right away!