The family law judicial system is over-burdened and sometimes ill-equipped to address legal disputes quickly. This is why it is case managed now in many Ontario jurisdictions. The emphasis is using conferences at the “top” of the process to try to push settlement.

An experienced lawyer’s goal is to get you out of court as quickly as possible.

The expectation of judges is that before going to court, experienced family lawyers are getting their clients to:

• Talk;
• Negotiate; and
• Trying to settle their disputes.

Litigation can be time consuming, costly and emotionally draining for most couples who are splitting up.

Some couples by-pass the court system altogether and – together with their experienced family lawyer – opt for something called alternative dispute resolution. This involves:

• Negotiation – separating couples and their lawyers draft their own final settlement during meetings.
• Mediation – a trained professional listens to both sides and assists them in creating their own settlement. Mediators don’t get legal advice, take sides or make decisions like a judge. They use the power of compromise and cooperate to help separating couples come to their own agreement.
• Private arbitration – a form of “paid” justice in which the parties hire a family law expert to listen to evidence and apply the law just like a judge would. The difference is that the process is faster than the busy court system. The separating couple can decide ahead of time whether the decision is final and binding or subject to a review by a judge if one of them is unhappy with the outcome.

Book a free consultation with a family lawyer experienced with alternative dispute resolution options, Kathryn L. Smithen.