Divorcing and separating spouses worry that they are about to start a journey that may take up years of their lives. Many may also be nervous about the seemingly complex court process. When family violence is involved the thought of separation or divorce can be paralyzing. Navigating through separation and divorce can be one of the more difficult challenges in life. We provide family law advice, negotiation, and dispute resolution services based on experience and training.
If you have already started the divorce or separation process and are having trouble with issues of child custody and access, parenting time and parenting responsibilities, guardianship, spousal support, property division, or dealing with variations in court, we can help you so that you can move forward with your life.
Among other things we can help with:
- Divorce process services from separation to post-divorce conflict resolution
- Division of matrimonial property, including estates and corporate assets
- Spousal support claim resolution
- Guardianship dispute resolution
- Child custody and access dispute resolution pursuant to the Divorce Act
- Parenting time and parenting responsibilities resolution pursuant to the Family Law Act
- Negotiating out-of-court settlements
- Negotiating a separation agreement
- Negotiating cohabitation or marriage agreements
You are going through a difficult time and we understand that. We can provide you with information on the collaborative divorce/separation, mediation, and court processes for you to make the right decision for you. Call us to schedule your free one-half hour family law consultation.
Collaborative Divorce (Separation)
Collaborative Divorce is a non-adversarial approach to ending a marriage or common law relationship. The parties are encouraged to work together to come up with a settlement agreement that is fair and equitable. Each party hires their own collaboratively trained lawyer who helps them communicate effectively, identify their needs and interests, and work toward a resolution that benefits everyone, especially any children involved. The parties and their lawyers will sign a participation agreement agreeing not to go to court during the process. Collaborative divorce in British Columbia also involves divorce coaches, who are mental health professionals, to help the parties. When required, financial planners, child specialists and other professionals are brought in to provide information, planning, guidance and support. By avoiding the traditional courtroom process, collaborative divorce can be less stressful, more efficient, and typically results in a more peaceful and respectful resolution.
Mediation
Family mediation is a dispute resolution process that is voluntary, cooperative and private. Mediation can be a faster and less expensive way of resolving your family issues. This process can include lawyers if the spouses so choose. The participants in the mediation process work together with the Mediator to come to a mutually acceptable agreement on matters such as parenting arrangements, child support, spousal support, division/retention of the family home and the distribution of other family property. If the participants’ lawyers are not present, the participants are provided an opportunity to meet with their lawyer to get independent legal advice before signing and finalizing the agreement.
Although the Mediator may be a trained family law lawyer, the Mediator’s role is to be a neutral third party. The Mediator will facilitate open dialogue between each participant and manage the process by assisting in the negotiation of a mutually agreeable solution. During the mediation, the Mediator may meet with participants individually when it is appropriate. The Mediator does not provide legal advice but can provide legal information.
The agreement reached by the participants will be their own based on what they each believe to be reasonable and fair for them. The agreement will not be based on what the Mediator believes is fair and reasonable. If the mediation process doesn’t settle the participants’ family issues, the participants are free to then pursue other dispute resolution processes including arbitration or going to court.
Call us at 604-746-2972 to discuss how mediation with an accredited family mediator can help your family resolve and settle your family issues.
Arbitration
Arbitration is a private dispute resolution process for adjudicating your family law issues. The Arbitrator acts as a judge, listens to evidence and arguments presented by each party and makes a legally binding decision. The arbitration process is more flexible than the court system and disputes are heard much sooner. The parties hand-pick the Arbitrator, pick the particular rules that will apply to their hearing and decision-making process, and the rules of evidence are often relaxed. The Arbitrator’s written decision is referred to as an Award and is enforceable by the courts.
If you believe arbitration may be suitable for resolving your family issues call us at 604-746-2972 to learn more about our arbitration service.
Legal Coaching and Unbundled Services
Legal Coaching and Unbundled Services are two similar but distinct cost effective processes for clients who prefer to represent themselves in court, or other dispute resolution processes. Depending on your particular needs, these services may be provided at a fixed fee on a case-by-case basis. We will be happy to discuss our legal coaching and unbundling services with you during your free one-half hour consultation with a lawyer from our firm.