Litigation
Litigation
When separating families can’t agree on some or all of the issues arising from the breakdown of the relationship, arbitration and litigation in court are options for resolution. In both cases submissions are made to a third-party (a judge or an arbitrator) tasked with making decisions for the family.
Arbitration is private. Parties pay for the arbitrator, usually a very experienced family lawyer, to make decisions that they could not make on their own. The result in that case is an arbitration award that is enforceable like a court order.
All parties must agree to arbitrate. They must agree on the arbitrator, the scope of the arbitration and other process-related issues before they proceed with this process.
Court is public. In court parties or their lawyers ask a judge to make decisions that they could not make on their own and the result is an order of the court. This is the only process where it is not necessary for all parties to agree before proceeding. A court application may be necessary where:
- One person isn’t responding to the other’s requests to engage in negotiations
- A person isn’t providing financial disclosure or adhering to agreed timelines
- A parson is not following agreements
- Private arbitration is not appropriate, or parties can’t agree on the terms of arbitration
Litigation can be expensive, time consuming and emotionally draining. We have strong, experienced litigators and a team of supportive professionals who work with you and have your back during the process. Our lawyers and support staff all come to this practice with decades of solid family litigation experience. We work as a team to provide reliable advice, research, prepare court materials and represent our clients at all levels of court.
If you are representing yourself in your family matter we can still provide support and help you access the justice system on a pay-for-what-you-need basis with our limited scope retainers, coaching and virtual law clerk services.