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Settlement Negotiation

Family Litigation is rarely a win-lose event…

Negotiating a settlement with your spouse can sometimes be your wisest course of action, and where privacy of major concern Mediation is your answer.  While the lawyers at Fleetwood Family Law are all highly capable litigators, achieving an advantageous agreement out-of-court is our first priority. We are committed to guiding our clients to avoid the stress and expense of a protracted court battle – the details of which often become part of the public record.

Mediation, Arbitration, Litigation

Couples going through divorce or separation need expert guidance to come up with the best solution that works for everyone involved. When children are in the picture, child support and custody are critical matters that need attention.However, some couples may want to avoid going to court to settle their dispute. Court hearings can be intimidating, expensive, and time-consuming. Court hearings can become pulic record. Instead, separating spouses can seek alternative dispute resolution processes to find the best path forward.

At Fleetwood Family Law, our lawyers have significant experience in alternative dispute resolutions. We have successfully represented clients in mediation, arbitration, and litigation cases.

If your family seeks such methods to resolve family issues, allow our experts to find the most agreeable terms for you, and your children.

Mediation Advocats

Mediation is a process where an impartial third-party member helps you and your spouse decide the best solution for your family dispute. Although professional mediators have undergone special training to assist families in coming to sound and agreeable decisions after separation they still usually rely on lawyers for guidance on BC Family Law. It’s very important to have legal representation with you while going through the mediation process to ensure all agreements are legally binding, and to be on the lookout for bad faith negotiation tactics.  Your lawyer will also be looking for assertions which haven’t been verified in the documents, and asking for proof when appropriate.

Mediators are neutral. Mediation specialists are not necessarily lawyers, and often are unable to give legal advice.  Therefore,  people benefit from independent legal advice before proceeding with mediation simply to identify their options. It is advisable to have your lawyer attend mediation with you. In fact, your lawyer should be involved in choosing the mediator and in setting the boundaries of the mediation to ensure your priorities will be addressed. With a legal perspective on your situation, you will have a better idea of what would be fair in your case. With an experienced representative, you will know how to choose an impartial, skilled mediator to work with.

At Fleetwood Family Law, our divorce lawyers are excellent mediation advocats who can help spouses reach agreeable decisions by knowing the law and presenting the relevant information to the mediator. As lawyers, we are prepared to offer legal advice that would benefit your case in a mediation setting, which allows more free discussion than a structured family court environment.  Our experience in family mediation has trained us to be wary of  the many drawbacks and pitfalls, therefor we highly recommend against entering the mediation process without legal representation.

As you consult with our experts for your family law issue, we ensure that you understand every step of the process. We guide you through preparation to the final step where you will get the best settlement you deserve.

At the same time, we take our professionalism seriously. In mediation cases, you need to trust your lawyer with sensitive information completely. The information you entrust with your representative can afford you the best settlement for your case. We pride ourselves as confidential advocates, using essentially everything about your case to get the best outcome. Settlement negotiations are off-the-record.

To be clear, while we have represented many clients in mediation cases, we currently do not offer mediation services.  We are not mediators. We advocate only for you. Our experts at Fleetwood Family Law have the essential experience to represent your family law case in an alternative dispute resolution.

Although mediations are usually worthwhile, it is common for mediation to be less than 100% successful. Through mediation, many big issues can be resolved, resulting in a more cost effective and streamlined court process on the remaining issues of contention.  Note that in the event that mediation is not completely successful, a mediator is not empowered to impose settlement terms.

Arbitration Advocates

Professional family law arbitrators are like out-of-court judges. These experts resolve family law cases outside of court and make binding verdicts. In other words, the arbitrator will make decisions for you after hearing all sides involved. As such, the arbitration process is not collaborative.

In family law arbitration, an impartial third party will settle your disputes. Everyone involved must agree to the arbitration setup before the process continues. Of course, family law arbitrators must make decisions consistent with the Family Law Act. When choosing a family law arbitrator to settle your case, be sure they will comply with the established rules surrounding arbitration.

At Fleetwood Family Law, our team of lawyers knows the BC Family Law Act and how it may be applied to your situation.  Before you agree to enter arbitration, understand how it is being constructed, what is being included or omitted and all relevant considerations. We have the required knowledge to negotiate the parameters to ensure your arbitration will meet Family Law Act standards and serve your interests. In addition, our years of experience in settling family disputes make us confident to represent your case in an arbitration setting. You need not enter arbitration alone.

Arbitration may be suited for separating couples who cannot find agreeable terms between them, so they require a professional outsider’s binding opinion. Arbitration will not become public record. Get in touch with us to help work out the details of your arbitration, and to advocate for your interests throughout the process.

Divorce Litigation

Separating spouses whose case requires litigation need seasoned family lawyers to guide you through the process. Litigation is the process when separating spouses decide to proceed to court to settle their remaining differences.

Litigation becomes necessary when a spouse refuses to compromise when presented with reasonable terms. Often, court hearings may be required when domestic violence is involved in a separation or divorce. Sometimes one spouse may attempt to use the courts system to harass or coerce their spouse, and this will require exposure and, hopefully, correction through obtaining costs.

The court process can be stressful for spouses and their representatives. Often, a judge will make the final decision on property allocation, child support, and custody disputes after hearing all the details of the family law matter.

Since litigation is a stressful process, the level of expertise possessed by the litigator is important for walking you through the process confidently. At Fleetwood Family Law, our attorneys have experienced several very high conflict cases, and have walked with hundreds of clients, giving full support throughout their court hearings.

We are no strangers to court and have the requisite experience to remain calm and composed during the entire process. Maintaining emotional distance is essential for good representation in all family law matters. While impossible for the litigant, it’s truly imperative for lawyers to remain focussed yet appropriately detached during what can often be a storm of emotion.

Inexperienced litigators may succumb to intimidation and fail to meet your best interests when your case proceeds to court, which is why it’s important to choose someone who specializes in family law as the bulk of their practice. With our lawyers, you can rest assured that we will strategize and argue tenaciously throughout the entire legal process to get the settlement you deserve.

Our experience in family law has prepared us to handle family cases of all sorts. We are confident in the “just-right” precision of our representation, expertly crafting a case that works in your favor. Allow us at Fleetwood Family Law to utilize our skills and expertise to settle your unique circumstances.

Contact Us

Consult with our experienced divorce lawyers for the best path forward. At Fleetwood Family Law, our advocates have successfully represented multiple clients in cases involving mediation, arbitration, and litigation.

We help separating spouses find the best arrangements that suit their unique situation, obtaining agreeable terms for them – and for the children involved. Allow us to protect your best interests and secure the best outcome for your case.

 

 

Settlement proposals can be made at any time and opportunities for settlement are built into the litigation process.  If you are looking to settle out of court, Fleetwood Family Law will negotiate resolutions on all important family law matters on your behalf to ensure you are protected. We will achieve the best possible outcome.

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