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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
Revision as of 12:27, 13 May 2013
, 12:27, 13 May 2013→Unbundling dispute resolution processes
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As the circumstances and attitudes of the parties evolve, so should the approach being taken to the resolution of their dispute. | As the circumstances and attitudes of the parties evolve, so should the approach being taken to the resolution of their dispute. | ||
It seems | It seems to me that no one dispute resolution process is going to be appropriate throughout the life of a dispute, except perhaps litigation when the conflict between the parties is extreme or there are mental health or violence issues that need to be addressed. Except for unhappy situations like that, different dispute resolution processes <span class="noglossary">will</span> be appropriate for different issues at different times over the course of a dispute. Being sensitive to this can really pay off. | ||
Say, for example, mediation has got you to the point where you agree on everything except for a technical issue, like someone's income or the best way to divide a family business. Rather than getting hung up the issue that you're stuck on, why not try something different? Agree that the issue <span class="noglossary">will</span> be dealt with through arbitration. Agree that the issue <span class="noglossary">will</span> be referred to a senior family law lawyer with special expertise in the area, and agree to be bound by the lawyer's recommended solution. Agree to seek the opinion of a non-lawyer expert. Or, if you must, agree to take that one issue to trial or ask a judge to give an opinion on the issue at a settlement conference. | Say, for example, mediation has got you to the point where you agree on everything except for a technical issue, like someone's income or the best way to divide a family business. Rather than getting hung up the issue that you're stuck on, why not try something different? Agree that the issue <span class="noglossary">will</span> be dealt with through arbitration. Agree that the issue <span class="noglossary">will</span> be referred to a senior family law lawyer with special expertise in the area, and agree to be bound by the lawyer's recommended solution. Agree to seek the opinion of a non-lawyer expert. Or, if you must, agree to take that one issue to trial or ask a judge to give an opinion on the issue at a settlement conference. | ||