Overview: Many people who are faced with separation, divorce and parenting matters really want to deal with them in the most fair, reasonable and practical manner. Unfortunately, traditional law practices have typically used adversarial techniques and litigation in their efforts to get the best deal possible for their clients – and these frequently come with tremendous stress & tension, and all too often have a negative impact on the children and on the relationship between the two parties.

The goal of collaborative family law is to resolve family disputes when couples separate without going to court and ensure that both spouses feel the result is acceptable. In fact, in the collaborative process, lawyers and clients sign an agreement that they will not go to court, nor will they threaten to go to court.

It is also a mutual process where the goal is to continue to negotiate until the needs, values and interests of both parties have been met. The clients and lawyers work together as a team to reach mutually satisfying solutions. Any other professionals who may be retained are retained with the consent of everyone, and these professionals also become part of the team process

About the process: Collaborative family lawyers work together with their clients to reach an agreement with as little acrimony as possible. Instead of conducting negotiations by telephone or letters between lawyers, both lawyers and spouses meet face to face to brainstorm options for resolution. Each spouse has their own lawyer by their side through the entire process, which allows you to benefit from legal advice as you work your way through the necessary steps.

1. Each spouse seeks the professional assistance of a collaboratively trained family lawyer. An initial meeting is scheduled in which both lawyers and spouses attend at one of the lawyers’ offices for a face-to-face meeting. A set of rules is agreed upon including a discussion of an exchange of financial and other pertinent information.
2. All subsequent meetings always include one of the lawyers taking minutes and then circulating them to everyone to ensure all details are captured. After each meeting there are debriefing meetings between spouses and their respective lawyer as well as between the lawyers to ensure that the process is meeting the needs of all parties.
3. Financial information is also gathered and exchanged. If necessary, where one or both spouses need assistance, a financial neutral professional could also get involved to assist with understanding the long-term consequences of some of the negotiated settlements that could be reached.
4. The number of four-way meetings and individual meetings will be determined by the ability of the parties to recognize when their needs and the other spouse’s needs have been met in the best way possible.
5. The lawyers then work together to prepare a written agreement for the parties to sign.

The overarching goal of Collaborative Family Law is to find a satisfactory settlement in the most efficient and cooperative manner; and for both parties to walk away feeling heard, respected and validated.

Sharon takes on files where sometimes spouses want to take the traditional route of corresponding through legal counsel with each spouse having their own lawyer. The goal here is always, through correspondence, to reach agreement. In addition, under certain circumstances Court is absolutely necessary when one spouse is just not willing to speak, negotiate, or compromise. While Barb does not go to court she can draw from her 30+ years of experience in dealing with lawyers to put you in the best hands possible.

Mediation is a voluntary way of resolving disputes were a trained mediator helps you and your partner resolve your family matter. If you are considering mediation, it is important that you speak to a lawyer first. Sharon is not a mediator, but can assist you through the mediation process.

When you have retained Sharon, she will ensure that you have full disclosure from your partner, so that you have all the necessary information before you begin negotiating. Sharon will also help you identify and narrow the issues that need to be resolved, so that you are focussed on the important legal issues going into your mediation. It is imperative that you know the law and your rights and obligations before mediation starts. Sharon will also prepare a mediation brief, which states your version of the facts, summarizes the issues and indicates what you hope to achieve in the mediation. The mediation brief helps the mediator to prepare to assist in the resolution of your case.

While lawyers do not usually attend mediation with their clients, Sharon is able to represent you at your mediation. A mediator cannot provide you or your partner with legal advice and cannot make any final or binding decisions. During the mediation, Sharon is able to provide you with legal advice and ensure that you understand your rights and the terms that are being discussed. Having a lawyer present at the mediation may provide an additional inventive on parties to continue negotiations and can help overcome any roadblocks you encounter in the negotiations. This can help bring about a resolution more quickly.

If you choose to represent yourself at mediation, it is important for you to obtain legal advice after the mediation. You may choose to retain Sharon to review any agreement reached during the mediation to ensure your legal rights are protected. Further, mediators do not write up Separation Agreements. At the end of a mediation, the mediator writes up Minutes of Settlement. The Minutes of Settlement can be turned into a Separation Agreement. Sharon is able to draft the Separation Agreement for you and send it to your partner and/or your partner’s lawyer. Most importantly, both you and your partner should receive independent legal advice. This protects both of you. If, at some point in the future, your partner wishes to challenge the separation agreement, the fact that you and your partner received independent legal advice prior to signing the agreement means that there is less likelihood of the agreement being put aside.

If you would like to speak to Sharon about assisting you in any way with your Mediation, please contact us to book a consultation.

Arbitration is another kind of alternative dispute resolution process. In arbitration, you and your former partner hire a third person to resolve your conflict. This person is called an arbitrator. Arbitrators cannot grant a divorce, but can make final and binding decisions on custody, access, support, and property division. They can only decide on issues that you ask them to resolve.

Arbitration is similar to a court case, but it is less formal. Most people who choose arbitration have a lawyer. Sharon is not an arbitrator, but can represent you at the arbitration. Even if you do not have a lawyer with you at the hearing, you must prove that you got legal advice before agreeing to arbitrate. It is important to know your legal rights because once the arbitration starts, you cannot decide to walk away. You must obey the arbitrator’s decision even if you do not agree with it; it is legally binding.

Having a lawyer is important for arbitration because at the hearing both you and your former partner give evidence and a proposal. After each of you have presented your case, the arbitrator will make a decision. In order to give relevant evidence in a coherent manner, having a lawyer is imperative.

Arbitration is better than court because it is more efficient, less formal and less expensive than going to court. The arbitration process is also more flexible. When in Court, you and your partner do not choose who your judge is, but in arbitration you and your partner can choose who will arbitrate your dispute.

Arbitration is different from mediation. In mediation, a trained mediator helps people come to an agreement. If you are in mediation, you have choices. You can end the talks at any time or decide not to accept what your spouse is offering or the mediator is suggesting. In arbitration, you have no choice. You must accept the arbitrator’s decision, as long as it follows the law.

If you would like to speak to Sharon about assisting you in any way with your Arbitration, please contact us to book a consultation.

Mediation-Arbitration, often referred to as “med-arb” is another one of many alternative dispute resolution processes that uses mediation and arbitration to try to resolve legal issues without going to Court.

The first step of med-arb is you and your partner must meet with a mediator. A mediator is a person trained to help you and your partner work together to resolve your family law issue. They use specialized skills to help you and your partner negotiate to try and reach an agreement.

A mediator cannot make any decisions and cannot force you or your partner to come to an agreement. They help you effective communicate with each other and understand each other’s goals, values and situation. Their goal is to help you compromise and come to an agreement.

Sharon does not conduct med-arbs, but she can represent you and/or provide advice at various stages throughout the process. When you have retained Sharon, she will ensure that you have full disclosure from your partner, so that you have all the necessary information before you begin negotiating. Sharon will also help you identify and narrow the issues that need to be resolved, so that you are focussed on the important legal issues going into your mediation. It is imperative that you know the law and your rights and obligations before mediation starts. Sharon will also prepare a mediation brief, which states your version of the facts, summarizes the issues and indicates what you hope to achieve in the mediation. The mediation brief helps the mediator to prepare to assist in the resolution of your case.

While lawyers do not usually attend mediation with their clients, Sharon is able to represent you at your mediation. A mediator cannot provide you or your partner with legal advice and cannot make any final or binding decisions. During the mediation, Sharon is able to provide you with legal advice and ensure that you understand your rights and the terms that are being discussed. Having a lawyer present at the mediation may provide an additional inventive on parties to continue negotiations and can help overcome any roadblocks you encounter in the negotiations. This can help bring about a resolution more quickly.

If the mediation fails and you and your partner cannot come to an agreement, then you and your partner work with an arbitrator. The arbitrator can be the same person who mediated the issues with you and your partner, or it can be a person who is new to the matter. There are advantages and disadvantages to having the mediator be the arbitrator or bringing in a different arbitrator. To discuss these advantages and disadvantages, contact us or read more about it here.

If you and your partner cannot come to an agreement, an arbitrator decides your issues. An arbitrator’s decision is called a family arbitration award. It is important to know your legal rights because once the arbitration starts, you cannot decide to walk away. You must obey the arbitrator’s decision even if you do not agree with it; it is legally binding.

Independent legal advice is required in order to commence the mediation-arbitration process. Sharon is able to provide you with independent legal advice prior to commencing the mediation-arbitration process. It is your choice whether Sharon attends the mediation or arbitration or both with you. It is important to have legal advice on how the law applies to your individual situation, your mediation-arbitration agreement, and how signing a separation agreement changes your rights. It is also beneficial to have Sharon attend at your mediation-arbitration because at the hearing both you and your former partner give evidence and a proposal. After each of you have presented your case, the arbitrator will make a decision. In order to give relevant evidence in a coherent manner, having a lawyer is imperative.

If you would like to speak to Sharon about assisting you in any way in the Mediation-Arbitration, please contact us to book a consultation.

When either you or your partner has decided that the marriage is over, most people will say that they are getting a divorce or that they need a divorce. Just like a marriage is much more than a marriage certificate, the process of ending a marriage is much more than a divorce certificate.

When people say they need a divorce what they mean is they need to resolve issues of child custody and access, parenting, child support, spousal support, and property division. A divorce is the last step after all of these issues have been resolved.

An uncontested divorce occurs when either you or your partner files an application for divorce and the other does not file an answer. There is no reason to file an answer because all issues have been dealt with and your partner is not fundamentally opposing the divorce.

For an uncontested divorce to be valid, the parties must have resolved all issues such as child custody and access, child and spousal support through a separation agreement or Court Order, as well the divorce must entail the breakdown of the marriage based on one-year separation, after which the judge will grant the divorce.

In an uncontested divorce, the paperwork is done through paperwork. There are no Court appearances. We require you to attend at the office to provide us with some information and to sign the necessary paperwork. After that, we take care of the rest and keep you informed at all stages of the process.

If you would like to speak to Sharon about assisting you in any way with your divorce, please contact us to book a consultation.

Julia A. Moote accepts legal aid certificates for family law matters. Please contact our office to discuss setting up a consultation with her.