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Resolving Family Law Problems out of Court (view source)
Revision as of 19:49, 20 June 2019
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{{JPBOFL Start Chapter | {{JPBOFL Start Chapter | ||
|Related = [[Collaborative | |Related = [[Collaborative Process]]{{·}}[[Family Law Mediation|Mediation]]{{·}}[[Family Law Arbitration|Arbitration]]{{·}}[[Parenting Coordination]] | ||
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{{JP Boyd on Family Law TOC|expanded = outofcourt}}{{JPBOFL Editor Badge | {{JP Boyd on Family Law TOC|expanded = outofcourt}}{{JPBOFL Editor Badge | ||
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There are many reasons why it is generally better to resolve matters out of court. Agreements that are made voluntarily by both parties are more likely to be long-lasting and leave both people more satisfied than if someone else (a judge) makes the <span class="noglossary">decision</span> for them. Another main reason is that resolving matters out of court is often, in the long run, cheaper than a court process. That is not to say out of court processes are cheap or free (with the exception of some services which are detailed below). The processes here still require a financial investment. We just think it’s better to invest in one of these processes and come out with a more durable “win-win” agreement for both parties and their children, and to avoid court if you are able to. | There are many reasons why it is generally better to resolve matters out of court. Agreements that are made voluntarily by both parties are more likely to be long-lasting and leave both people more satisfied than if someone else (a judge) makes the <span class="noglossary">decision</span> for them. Another main reason is that resolving matters out of court is often, in the long run, cheaper than a court process. That is not to say out of court processes are cheap or free (with the exception of some services which are detailed below). The processes here still require a financial investment. We just think it’s better to invest in one of these processes and come out with a more durable “win-win” agreement for both parties and their children, and to avoid court if you are able to. | ||
This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when someone has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative | This chapter discusses how family law problems can be resolved without going to court. It begins with a <span class="noglossary">brief</span> overview of the different out-of-court options and the different ways that settlements and agreements can be recorded. It also <span class="noglossary">reviews</span> what can happen when someone has a change of heart after an agreement has been reached. The other sections of this chapter discuss in more detail the different options for resolving matters: [[Collaborative Process|collaborative process]], [[Family Law Mediation|mediation]], [[Family Law Arbitration|arbitration]], and [[Parenting Coordination|parenting coordination]]. | ||
==Introduction== | ==Introduction== | ||
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The collaborative process is a kind of structured negotiation in which the parties and their lawyers sign an agreement not to go to court and to work together as a team to reach a settlement. The team can use counsellors to address the emotional and psychological issues related to the separation and to provide their expertise on parenting plans. Other specialists can be recruited to help with particular subjects, such as issues about the children or complicated financial problems, as the need arises. The goal of the collaborative process is to arrive at a durable settlement that, as much as possible, meets both parties’ highest needs and goals. The idea is that by working together as a team, creative options can be explored for the benefit of the family. | The collaborative process is a kind of structured negotiation in which the parties and their lawyers sign an agreement not to go to court and to work together as a team to reach a settlement. The team can use counsellors to address the emotional and psychological issues related to the separation and to provide their expertise on parenting plans. Other specialists can be recruited to help with particular subjects, such as issues about the children or complicated financial problems, as the need arises. The goal of the collaborative process is to arrive at a durable settlement that, as much as possible, meets both parties’ highest needs and goals. The idea is that by working together as a team, creative options can be explored for the benefit of the family. | ||
There are collaborative practice groups all over British Columbia. More information about collaborative processes is discussed in this chapter's section on [[Collaborative | There are collaborative practice groups all over British Columbia. More information about collaborative processes is discussed in this chapter's section on [[Collaborative Process]] and on the following websites: | ||
* [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Collaborative Roster) | * [http://www.bccollaborativerostersociety.com BC Collaborative Roster Society] (BC-wide Collaborative Roster) | ||