This sketch of negotiation in the
context of family law disputes makes certain assumptions, which will not have passed unnoticed by anyone who has practiced in the area.
Collaborative Practice offers clients a way to resolve all
aspects of their family law dispute respectfully, with confidentiality and dignity, while keeping decision - making between the clients.
Miss Fearn joins from McIntosh McTaggart, where she focussed on the constructive resolution
of family law disputes for more than five years.
If you are interested in learning about a private
form of family law dispute resolution that addresses not only legal needs, but also emotional, financial, and even religious and values - based needs, schedule a consultation at Family Diplomacy: A Collaborative Law Firm about collaborative practice at (813) 443-0615 or CLICK HERE to fill out our contact form.
This proposal draws from my thinking on the changes in perception that can flow from
conceiving of family law dispute resolution as «family restructuring», assumes that family wellbeing is a basic... [more]
Ideally, it will be enacted by all states and the District of Columbia so that there will be a uniform approach to
arbitration of family law disputes across the -LSB-...]
resulted in a profound change in the legal culture surrounding the resolution
of family law disputes in British Columbia; and,
We recommend that evaluators screen cases for domestic violence, and determine the
suitability of a family law dispute for the ENE pilot program based on the extent to which the domestic violence may affect the safety of a litigant, as well as the litigant's ability to negotiate a fair settlement and their willingness to participate, and whether the litigant is self - represented.
They should be stripped of ephemera not necessary to the
bulk of family law disputes, such as rules on interpleader, receivers, creditors» remedies and writs of mandamus, certiorari and habeas corpus.
As a result, and except for specific issues such as the imputation of income or the payment of arrears, the resolution
of family law disputes rarely involves «winning» and «losing» and such should not be the goal of counsel.
In
majority of Family Law disputes, it is always preferable that the outstanding issues be dealt with by negotiations which would then result in an Agreement being entered into by the parties.
The clarity and consistency of the law has a direct impact on the length and
complexity of family law disputes — and a direct impact on the family lawyer's billings.
(1) A party to an arbitration, other than an arbitration in
respect of a family law dispute, may appeal to an appeal tribunal on any question of law arising out of the Award if:
Thinking of family law dispute resolution as family restructuring rather than family breakdown allows «family» to be treated as an organic whole that changes and evolves over time as new family members are added through birth, adoption, marriage and remarriage; as parents separate and the family transitions into new domestic arrangements; and, as existing family members are subtracted through abandonment, estrangement and death.
In my previous posts on family justice, I have proposed changes to the justice system intended to better accommodate family law disputes; in this note I propose changing the family to better accommodate the justice system, or, to put it another way, to reshape conventional attitudes toward family to decrease the frequency and
intensity of family law disputes.
Regardless of whether my proposal finds fertile soil, it seems to me that ruminating on our emotional responses to family breakdown might offer some valuable insights toward the reform of our present
management of family law disputes.
But while sharpening pikes for corporate clients in litigation may conjure certain romantic ideas of splattering the enemy's guts all about the ramparts, anyone familiar with the costs
of family law disputes incurred by children likely finds it depressing how court - based dispute resolution wrecks such collateral damage, whether that is measured emotionally, physically or financially.
The decision issued by B.C. Supreme Court Justice Hope Hyslop last week is the latest in an increasing
number of family law disputes where one of the parents has proposed using online software such as Skype when seeking to move with their children a great distance from their former spouse.
Ultimately, whether a family litigates its disputes or resolves the dispute through mediation, parental education on the effects upon children in the midst
of a family law dispute advances the goal of «mediate when you can, and litigate only when you must.»
But Benmor says once the system sees more exposure to the
benefits of family law disputes being diverted from the courts to mental health professionals and the positive outcomes families experience from it, it's likely more referrals will be made.
The report, An Evaluation of the
Cost of Family Law Disputes: Measuring the Cost Implication of Various Dispute Resolution Methods, is available on the Institute's website and the website of the Canadian Forum on Civil Justice.
If you are interested in learning about a private
form of family law dispute resolution that addresses not only legal needs, but also emotional, financial, and even religious and values - based needs, schedule a consultation at Family Diplomacy: A Collaborative Law Firm about collaborative practice at (813) 443-0615 or CLICK HERE to fill out our contact form.
This proposal draws from my thinking on the changes in perception that can flow from
conceiving of family law dispute resolution as «family restructuring», assumes that family wellbeing is a basic social good which should be fostered whether the family lives under one roof or two, and assumes the people best positioned to address the consequences of separation are the family members themselves.
Nevertheless, it might be a valuable exercise for governments and court services agencies to consider what if any
aspects of the family law disputes that clog our court systems are amenable to automation or, at the very least, the imposition of greater certainty.
Whether we reject court as the primary forum for the
resolution of family law disputes as I propose in this note or not, my imagined family services agency may be a useful way of supporting families in general.