FAMILY LAW
Family law disputes are generally best resolved without litigation through negotiations or mediation. The successful settlement requires cooperation amongst the parties and an open mind to compromise.
With respect to children, their needs must be carefully and thoughtfully considered. Lawyers will advise of various parenting models and it is hoped that the parents will resolve this issue without much difficulty or with the help of trained mediators.
With respect to financial issues, thousands of dollars can be saved if both spouses cooperate in producing accurate financial statements. The first step before addressing and advising clients with respect to the financial issues is to prepare accurate financial statements. The financial statements are, in fact, government approved forms divided in two general parts:
- A budget;
- A statement of debts and property as of the date of marriage, the date of separation and the date of the statement itself. Of critical importance is finding accurate values for assets and debts as of the date of separation with supporting evidence. For example, if you have $500.00 in a bank account on the date of separation, obtain a bank statement; if you have a $50,000.00 RRSP, obtain a statement; if you have a $10,000.00 life insurance cash surrender value, obtain a statement.
Family law matters are best settled when the parties and their lawyer agree to provide one another with all information required to allow the solicitors to properly advise their respective clients on the settlement options (support and property).
Mr. Coderre believes that when issues cannot be resolved, it is best to attempt to negotiate and address the issues in the context of a private settlement meeting where the parties and their lawyers negotiate with the assistance of a qualified family law lawyer/ mediator. This type of setting has proven to be less confrontational, more comprehensive and more focused on the issues.
The approach to any case is discussed with the client. Depending on the case, there are times when litigation is the only option available. Ultimately, the decision to litigate lies with the client once he/she has been presented with various options or alternatively, left with no option because there is no cooperation from the other party.
Mediation is a process where the parties consult with an impartial third party. Through this process, people can resolve disputes themselves with the assistance of a neutral mediator. Again, without proper disclosure and without proper understanding of one’s rights, mediation may not work. It is difficult to mediate without knowing your rights at law. Mr. Coderre believes that mediation can work when each party has been advised of his rights and obligations with respect to all issues (custody, support and property). Many mediators ask that the parties consult a lawyer to ensure that their rights are protected.
Negotiation and mediation are voluntary processes which can only work if the spouses genuinely want to resolve the conflict out-of-court.
Attached is a copy of an e-mail from the Ottawa Courts dated December 7, 2006 encouraging alternate dispute resolution approaches.
|
