Litigation involves parties taking their dispute to court and having a Justice or Judge impose a binding decision on them. Litigation is an adversarial process and is generally not considered a preferable method of resolving issues, especially when children are involved. Although many interim applications and decisions may occur prior to trial, a resolution through litigation ultimately culminates in the trail of an action which typically involves the parties to the dispute testifying and being cross examined in open court. Following the trial, a Judge or Justice renders a binding decision through a court judgement.
While there are numerous disadvantages, there are also advantages which come as a result of clear procedures with evidential rules. As such, there is a formal process for disclosure, a requirement for evidence and arguments in support of a claim, an obligation to tell the truth, and ultimately a binding judicial decision. The formal structure of litigation can be favourable in mitigating the back-and-forth debate often found in more casual dispute resolutions.
The disadvantages are as follows, it is adversarial and often involves parties attacking each other, it is exceedingly expensive, there is little consistency in decisions since every interim application and trial itself will be heard by whoever happens to be sitting in Court, and the Justice that is sitting may have little to no background in family law. However, litigation is the only way to force a matter to resolution in the event the other party will not participate in another process and it can be effective in moving a matter along.
At Jones Divorce Law LLP we have years of experience litigating matters in court and have enjoyed extensive success in morning chambers, domestic specials and trials about all issues, including custody, access, parenting, child support, spousal support, and division of property. Connect with us to set up an initial consultation.
Negotiation takes place in essentially all forms of dispute resolution and can occur at any stage. This is the process of going back and forth on an issue to determine a mutually agreeable outcome. People negotiate about all types of situations including parenting time, housing prices, or even what to have for dinner. It's possible that you have negotiated without even being aware that you are doing it. It takes a specific set of skills to be an effective negotiator which is why we recommend using a neutral third party such as a mediator. Read on to find out more about the negotiation process.
Informal negotiations can take place at any time and sometimes occur while other process options are being pursued. You and your ex-spouse may be able to communicate directly and negotiate out some (or all) of the issues in the dispute, without the assistance of mutual facilitator or legal counsel. Alternatively, the negotiation process might follow a format of settlement offer letters and counter offer letters going back and forth between counsel, meetings with you, your ex-spouse and both lawyers or even, you, your ex-spouse and a neutral third party. It's important to note that you will need to execute a settlement contract for the agreement to be binding.
When parties agree to take an interest-based approach, meaning to respect differences for the benefits of reaching a desired outcome for both parties, the negotiation process can be extremely beneficial.
Mediators are highly skilled negotiators and ours are no exception. Having negotiated many thousands of deals for clients over the years, our mediators are well-accomplished in negotiation, drafting property agreements and providing independent legal advice. You can relax and have confidence that your settlement will be thorough, detailed, accurate, binding and enforceable. Connect with us to set up an initial consultation today.