Can I Resolve My Separation Without Going to Court?
If you are going through a divorce or separation from your spouse or common-law partner, there will be many details that must be resolved before both parties can move on from the relationship. Fortunately, there are other alternatives available to address your legal issues that don’t involve going to court. An out of court settlement, done through collaborative law, lawyer-negotiation, arbitration or mediation, can ultimately help bring peace to an otherwise tumultuous situation.
Alternative Dispute Resolution Processes
Every separation looks different, therefore, not all proceedings need to involve the court. The separation can be settled without going to court if both parties are willing to work together to come to an agreement on issues such as custody of children, division of property and support.
Collaborative Law: An alternative dispute resolution process where both parties work together to resolve issues outside of court with the help of their respective collaborative family lawyers. Often times, parties may also need to work with other collaborative professionals such as a financial specialist or social worker in order to find the best possible solution for their situation.
The team of collaborative professionals work together with the parties to help them agree on issues. Collaborative family lawyers also agree in writing not to go to court if negotiations break down. As a result, they are committed to helping you reach a settlement.
- Arbitration: Both partners meet with a neutral third-party, or arbitrator, who will render a final binding decision outside of court. While most arbitrators are lawyers, a non-lawyer can also act as an arbitrator if they have a specialization in family law training.
- Mediation: A process that facilitates negotiations between separating partners. A mediator is a neutral third-party who is trained to help parties work together to agree on the settlement terms without taking sides. The mediator’s role does not include making decisions or forcing either party to agree on certain issues.
Let a Family Law Lawyer Help You Settle Your Separation without Going to Court
Whether you choose to settle your separation in court or through an alternative process, it’s important to first speak with a trusted lawyer from Simard and Associates. We can help you understand the legal implications of your separation proceeding and provide assistance in choosing the right dispute resolution method that will work best for you and your family. Trust our experienced team to answer all your questions about divorce and family law.
