Alternatives to Court

Separation Agreements
If the parties are able to reach a resolution outside of court, their lawyers will draft a “Separation Agreement”. This is a comprehensive document that stipulates the rights and responsibilities of the parties. Each party signs the Agreement, which can then be registered with the Court.

The Family Law Act contains several requirements that Separation Agreements must meet in order to be binding. Chief among those is that there is complete and accurate financial disclosure and independent legal advice for each party. Once a legally binding Separation Agreement is in place, it can be registered with the Court and enforced by the Family Responsibility Office. The vast majority of all Family Law cases are resolved through Separation Agreements, the only question is how to reach the agreement.

Settlement Meetings
At any point in the process the parties and their lawyers may get together to discuss the issues. Such meetings are generally known as “four way meetings” as they involve four people (the two lawyers and the two spouses). Meeting of this nature are often very productive and allow the parties to agree to some, if not all, of the issues in less contentious cases. As such they are highly advisable.

Mediation/Arbitration
Mediation and Arbitration are alternatives to the court process that can be used if the parties agree to it. Rather than going before a Judge to argue the issues, mediation involves a mediator who is normally a senior family law practitioner or retired Judge. The mediator attempts to resolve the case in a less adversarial manner than what occurs in court, and attempts to find a solution that the parties can agree to.

Arbitration is slightly different because while Mediation involves the parties reaching an agreement, Arbitration involves someone making a decision for them. The parties must agree to participate in Arbitration and submit to the decision of the Arbitrator, who then acts as a Judge of sorts and renders a decision based on the law and the facts of the case. The advantage is that Arbitration is typically less adversarial and costly than court.

Collaborative Law
Collaborative Law is a new development in Family Law where the parties agree to proceed amicably and abide by a number of rules. The process is popular with couples who are able to talk rationally in an effort to resolve the issues and wish to have a good relationship in the future. The end result of the process is a separation agreement, and in the long run parties engaged in Collaborative Law tend to be happier than those who fight in court. However, given the nature of the process it is not appropriate for everybody.