OUT OF COURT SETTLEMENTS

Negotiation

can be done between parties, through lawyers or through a neutral third party. It can be informal discussions before or after getting legal advice. This is a necessary part of all forms of ADR

All-party meetings

(sometimes called four-way meetings, with two parties and their respective lawyers) are when the parties and their counsel participate in a meeting and attempt to settle issues through negotiation. This is often most successful when the parties are not very high conflict

Mediation

is a voluntary form of ADR with a trained professional neutral third party that helps parties navigate disputes. A mediator cannot give legal advice, therefore it is wise to have a lawyer advise you on your rights and responsibilities. If you can agree on terms during mediation, a mediation report is not binding and a signed agreement or court order is still required for it to be enforceable

Arbitration

is a process outside of court where you retain a third party neutral decision maker to decide on your family law issues based on the law. Unlike mediation, once you enter into arbitration, you cannot unilaterally end the process and you are bound by the arbitration award

Collaborative practice

is a form of negotiation where parties and their lawyers work with a third party financial expert and/or social worker to resolve their issues. When entering into the collaborative process, you must agree to not go to court, and if negotiations break down, you cannot have the same lawyer represent you at court

Sometimes ADR may not be appropriate if there is a power imbalance in the couples’ relationship and history of abuse. Under the Divorce Act, lawyers are required to encourage parties to settle issues through ADR unless it would not be appropriate to do so. Please contact me to discuss potential avenues for settlement