Alternative Dispute Resolution
Separating from a partner can be a very difficult time for all involved parties. Once a couple makes the decision to part ways, several legal issues must be deal with. These include decisions on financial support, care for any involved children, and division of family property.
These kinds of issues can be resolved either in court (which can be costly and time-consuming) or through a variety of informal arrangements. ADR is one of the informal methods of settling disagreement between parties when it comes to these kinds of decisions.
There are four different types of ADR:
In General
There are many different benefits in using ADR, in whatever form. For example, ADR allows for parties to have more control over the outcome of their case, it can be faster and cheaper than going to court and it can be less traumatic for any children involved. It should be noted, however, that ADR is not an option in all situations; for example it is not suitable to cases involving violence or an imbalance of power between the parties (such as a conflict between an employer and worker).
The decision to use ADR is entirely up to the involved parties;, there is no pressure to use ADR in family law cases. However, once the decision to use this method has been made, it is best to contact our office and consult a legal professional. Consultation will assure that all rights are being respected. To determine whether ADR is an option for you, or if you require the services of a mediator or arbitrator, please contact the Balasunderam Law Office.
Sources Used: James G. McLeod & Alfred A. Mamo, Annual Review of Family Law, 2009 (Toronto: Carswell, 2009).
DISCLAIMER: This document is meant for general information purposes only and is not intended to be legal advice. Please feel free to contact the BALASUNDERAM LAW OFFICE for further information.