You Have Options
There are several ways to achieve resolution of the issues surrounding separation and divorce. The traditional Court system involves the service and filing of court documents, several court appearances, and having a Judge make the final decision in the case. Court can be a lengthy, expensive process, and it is not necessarily the best option for many families.
Collaborative Practice and Mediation are two options that do not involve going to Court. They provide you with more control over both the process and the results, leading to a settlement that is tailored to your family's specific needs. Arbitration is similar to Court in that you empower a neutral third party to make the final decision in your case. (More on these below.)
Determining the best option in your case could be a based on the way you communicate with your former spouse, the presence of a power imbalance or domestic violence, the urgency of the issues involved, or other factors specific to your circumstances.
The lawyers of Fryer & Associates are experienced in assessing your case to determine which process might be the preferred route for you. We would be pleased to meet with you to discuss your options and develop a plan to resolve the issues in your case.
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Collaborative Practice
A Team-Based Approach with a Commitment to settling outside of Court
In Collaborative Practice (also known as Collaborative Family Law), the parties and their lawyers all commit to resolving the dispute without going to court or threatening to go to court. The clients negotiate directly with one another with the assistance of their lawyers and take responsibility for resolving the issues. Options for resolution are open beyond legal options to other creative solutions. This can result in lasting agreements that fit the needs of both parties and their children.
Both parties have lawyers throughout the negotiation process in Collaborative Practice. Lawyers who are trained in collaborative law work with their clients and one another to assure a balanced process that is positive and productive, similar to the environment created in mediation. The lawyers are trained in interest-based negotiation, which is focused on a win-win approach. In some cases, other professionals such as financial professionals or family/mental health professionals can be brought in for assistance.
When there is agreement, a document is drafted by the lawyers, and reviewed and edited by both parties until everyone is satisfied. Then, everyone signs the agreement.
Collaborative Practice is most suitable where both parties are committed to open and direct communication and information sharing, and both parties are open to shared solutions that take into account the goals and priorities of both parties.
Lawyers who practice collaborative law must have specific professional training and generally should be part of a local practice group. All of the lawyers at Fryer & Associates are qualified to practice collaborative law, and Laura Fryer is a qualified trainer.
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Mediation
Assisted Negotiation resulting in Terms of Agreement
Mediation is a voluntary process in which an impartial third party (the mediator) assists the parties in negotiating their own terms of agreement. Sometimes the parties have lawyers, and sometimes they do not. Parties are screened for domestic violence and power imbalances prior to starting the process.
Mediation can be faster and less expensive than going to court when both parties are committed to the process. When parties reach an agreement through mediation, the mediator prepares a draft document outlining the terms of the agreement. Each party should obtain independent legal advice prior to signing the final agreement.
All the lawyers at Fryer & Associates can provide you with independent legal advice throughout the mediation process as well as with respect to a mediated agreement.
Laura Fryer is also fully trained family mediator who would be pleased to assist you in settling your case in a respectful, productive manner.
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Traditional Negotiation... and more
What if Mediation and Collaborative aren't right for me?
Although we believe that Collaborative Practice and Mediation are superior dispute resolution choices for many people, sometimes it is necessary and preferable to retain the option of having a third party such as a Judge or Arbitrator make the final decision.
The lawyers at Fryer & Associates are experienced family law litigators. We regularly appear for our clients and assist them in navigating all stages of a court proceeding from the initial drafting of documents, to case conferences, motions and through to trial if necessary. Our lawyers appear in court throughout Southern Ontario including all Toronto locations, Newmarket, Barrie, Bracebridge, Oshawa, Lindsay, Peterborough, Belleville, Brampton, Orangeville, Milton, Kitchener, and beyond.
There is a strong movement amongst the judiciary to integrate collaborative principles into the traditional litigation context. Our collaborative training combined with our litigation experience makes us particularly well positioned to represent our clients through the court process in an effective, productive and respectful way.
We also frequently assist clients in Arbitrations and combined Mediation-Arbitrations; these options can provide a more expedited and private process for parties.
We would be pleased to meet with you to discuss your various process choices and the range of services we can provide in your case.
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