A family dispute resolution process is a method of resolving conflicts and disputes between family members in a less adversarial way than going to court. In Ontario, there are several different family dispute resolution processes available, each with their own advantages and disadvantages. Here’s some more information on family dispute resolution processes and how they work in Ontario:
What is Family Dispute Resolution?
Family dispute resolution is a process for resolving conflicts and disputes between family members without going to court. The goal of family dispute resolution is to help families find a solution that works for everyone, while minimizing the stress and conflict associated with a court process. Family dispute resolution can be used to address a wide range of issues, including divorce, child custody (decision making responsibility), and property division.
Types of Family Dispute Resolution
There are several different types of family dispute resolution processes available in Ontario, including:
- Mediation: A process in which a neutral third party, called a mediator, helps the parties to reach an agreement.
- Collaborative Family Law: A process in which each party is represented by a collaboratively trained lawyer, and the parties work together to reach an agreement.
- Arbitration: A process in which a neutral third party, called an arbitrator, makes a decision about the dispute, which is legally binding.
- Parenting Coordination: A process in which a neutral third party, called a parenting coordinator, helps parents to implement a parenting plan.
Advantages of Family Dispute Resolution
There are several advantages to using family dispute resolution over going to court, including:
- Cost: Family dispute resolution is generally less expensive than going to court.
- Speed: Family dispute resolution can often be completed more quickly than going to court.
- Flexibility: Family dispute resolution allows families to create a solution that works for them, rather than having a decision imposed on them by a judge.
- Privacy: Family dispute resolution is generally more private than going to court, as the proceedings are confidential.
How Family Dispute Resolution Works
The specifics of how family dispute resolution works will depend on the particular process being used. In general, however, family dispute resolution begins with an initial meeting between the parties and the neutral third party. The neutral third party will explain the process and the ground rules, and will help the parties to identify the issues that need to be resolved. The parties will then work together, with the help of the neutral third party, to find a solution that works for everyone.
When Family Dispute Resolution May Not Work
While family dispute resolution can be effective in many cases, there are situations where it may not be appropriate. For example, if one party is not willing to participate in the process or is unwilling to compromise, family dispute resolution may not be successful. Additionally, in cases where there is a history of domestic violence or abuse, family dispute resolution may not be appropriate.
Legal Advice
It’s important to note that family dispute resolution is not a substitute for legal advice. You can consult with TCZ Lawyer Eric Zhao before beginning any family dispute resolution process. We can help you understand your legal rights and obligations, and can help you navigate the family dispute resolution process to ensure that your interests are protected.
In conclusion, family dispute resolution is a method of resolving conflicts and disputes between family members in a less adversarial way than going to court. There are several different family dispute resolution processes available in Ontario, each with their own advantages and disadvantages. While family dispute resolution can be effective in many cases, it’s important to seek legal advice before beginning any process to ensure that your interests are protected.
