Divorce Arbitration Ontario as an Alternative to the Court

When a marriage falls apart, the entire situation is incredibly stressful and devastating to the entire family, including extended family. The idea of divorce is bad enough, so it’s in everyone’s best interests not to turn something bad into something even worse with a messy divorce. There are a few options for divorcing spouses to undertake when they are dissolving their marriage. One of these options is inviting an Arbitrator into the picture to help dissolve the marriage as amicably as possible. Doing so will make the situation much less stressful, and will help the parties leave the marriage feeling satisfied with what they have agreed upon during negotiations. Diane Daly is a divorce lawyer who also practices divorce arbitration Ontario in order to help all parties leave the marriage with as much dignity as possible.

What is Divorce Arbitration?

Divorce arbitration involves inviting a neutral third party into the negotiation process between the divorcing couple. This arbitrator acts as an unbiased third party who is there to help make the negotiations go smoothly, and to offer sound advice that makes sense for all involved. Arbitrators decide the cases, and both sides need to be in agreement and bound by this final decision. This is an alternative to bringing your divorce case to the courts in front of a judge, which can be much more invasive and emotionally agonizing for all family members involved, especially the children.

Advantages of Using an Arbitrator

Choosing divorce arbitration Ontario allows the parties to keep their divorce out of the courts. By keeping it out of the courts, the divorce can be dissolved much quicker and with much more integrity and ease. Setting dates for arbitration is so much easier and quicker than setting dates to present your case in court. In addition, the arbitration process is usually much less expensive than going through the court system.

The arbitration hearings are scheduled around each party’s schedules, and not around the court’s availability, which means that the divorcing couple does not have to wait around for a court date that may or may not coincide with their own work or personal schedules.

Choosing an Arbitrator

You want to make sure that you choose a lawyer who is well versed in divorce arbitration for Ontario, or your state/province.  Look for a divorce arbitrator who is experienced, professional and caring. Both parties should agree on the arbitrator that they would like to use. This person needs to be fully competent and reliable, as well as impartial. All these factors are important because the arbitrator’s final decision which will be binding on both parties, so you want to make sure you choose someone who has a great track record making sound decisions.

Diane Daly and her team have been helping divorcing couples deal with separation and divorce settlement in a variety of ways that help pave the way to a better tomorrow.  There are alternatives to divorce court including arbitration as well as negotiation, mediation and collaborative family law. Diane has plenty of experience in these delicate situations, and has a deep compassion for those most vulnerable in these situations, namely the children. Call Diane and her team today at (905) 844-5883 to help get the arbitration process started in order to avoid the costly and emotional court system.

Seeking Other Options for Divorce

My husband and I have been having a lot of problems in our marriage we have even discussed divorce. I went and talked with my sister about it and she told me that I should contact a Divorce lawyer Mississauga. She said there are divorce lawyers who will suggest alternatives to going to divorce that are quicker and easier on the couple and families.

Mississauga Divorce lawyer Seeking Other Options for Divorce

Divorces can be long, messy and expensive. For couples that are able to still rationally and reasonably deal with one another, there are alternatives to divorce court. It is best to find a family lawyer with experience in mediation, arbitration and collaborative family law. Collaborative family law is where each partner has a lawyer represent them and they sit down to make a separation agreement. All income, assets and debts must be accounted for and divided. Responsibility for the children and child or spousal support must also be determined. Collaborative family law looks to find the best solutions for all family members as a way to go forward to a better tomorrow. It is a more respectful and collaborative approach to divorce.

There are alternatives to court and processes that promote collaboration and preserve dignity. We discovered that it pays to learn your alternatives and find an experienced collaborative family lawyer who can help you understand your options and the process that is best for your family and your future.

Divorce: Options for Consideration

There are alternatives to going to court that make the divorce process less damaging. These alternative models also tend to be quicker and cheaper than court battles. Alternatives to divorce court include mediation, arbitration and collaborative family law.

Mediation is suitable for couples that prefer to discuss their options and negotiate themselves, but need the support of a neutral third party mediator to facilitate their negotiations. The mediator aids the spouses in generating solutions for each of the issues that have arisen from the divorce. The solutions are evaluated together and agreement is reached in a civilized manner. Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out. The mediator merely guides the spouses in making decisions together. As the mediator is a neutral third party, they can give you legal information (if they are a trained lawyer) but not legal advice. Both parties should consult their own lawyers independently for legal advice at some point during the divorce process.

When a divorce cannot be resolved through negotiation or mediation, arbitration is an option. Arbitrators are similar to judges in that they are neutral decision makers. Unlike mediators, they make decisions on the case that both parties are bound by. If you and your spouse choose arbitration as the way to settle your issues, you must abide by the arbitrator’s decisions and their imposed settlements. The arbitrator will make decisions based on the facts of the case and the law in Ontario. Compared to going to court, arbitration is generally faster, less costly, and less formal.

A relatively new process to divorce is collaborative family law, which uses a team approach to assist spouses in resolving issues that arise upon the end of a marriage. The collaborative “team” includes both spouses, their lawyers, and any other professionals they feel are needed (for example, financial experts and family specialists). Often, expensive lawyers are not needed for all aspects of the negotiation. Using this team approach is cost effective and efficient because the spouses have access to the right expertise at the right time.

In collaborative family law, separating spouses control the process and work together. If both parties agree to this collaborative model, a Participation Agreement is signed by the spouses, their lawyers and members of the team involved. The spouses identify issues, generate options and choose solutions that meet the needs of everyone involved. The collaboratively trained lawyers then draft a separation agreement based on the decisions.

The goal of collaborative family law is to assist separating spouses and their children to achieve the best possible outcome for all involved. It encourages mutual respect and emphasizes the needs of children. Through open communication, full and transparent disclosure, both parties address their concerns. The collaborative approach keeps you in control of the process and keeps it out of the courts. It is important to get a specially trained collaborative family lawyer if this is the process you choose.

You do have options and alternatives to divorce court which are easier and faster for all involved.

Facing Divorce? Think Arbitration

Facing Divorce? Protect Yourself Through Divorce Arbitration

divorce arbitration Oakville MississaugaIf you are contemplating divorce, you should know that you have options when it comes to dissolving your marriage. You should also know that there are ways to make the divorce process quicker, less stressful, and less expensive than traditional court settings. If you are looking for a more civil way to end your marriage while protecting your best interests and the interests of your children, then divorce arbitration Oakville Mississauga just might be for you.

How Does Arbitration Differ From Mediation?

Divorce arbitration is somewhat similar to mediation, where a neutral third party is involved, such as your family divorce lawyer. However, the two processes differ in that the third party does not make any final decisions in mediation, whereas, they do have the final say in arbitration. Divorce arbitration is a viable option if negotiation or mediation does not settle matters.

Why Choose Arbitration?

Many families choose arbitration because of the advantages it provides them over divorce court. Since there is much less time spent in court litigations, both time and money can be saved. Rather than dragging out details of the marriage in front of a judge, the separated couple can reach a resolution much quicker through arbitration, and save themselves from unnecessarily prolonged periods of stress during the divorce process.  Arbitration works well for families trying to move on to a better tomorrow as there is some willingness to cooperate.

Spouses are also given the opportunity to select their arbitrator, rather than being sent in front of a judge they do not know. Spouses can set the rules to follow during arbitration, giving everyone much more control and flexibility over the entire situation.

Talk to a Family Divorce Lawyer About Arbitration

Explore everything there is to know about divorce arbitration by speaking with an experienced divorce lawyer, like Diane Daly, who is trained as a divorce arbitrator in Ontario. Diane has been helping families amicably dissolve their marriages for years, and always has the family’s best interests at hand. She cares about her clients, and does everything she can to have the process go smoothly so that the divorce can be finalized efficiently and with as little stress as possible. Find out more about arbitration, and contact Diane and her team at www.DalyLaw.ca today or (905) 844-5883.