Alternative Resolutions2018-10-10T23:17:49+00:00

Alternative Resolutions

Different Routes To Resolving Your Dispute

separation agreement
 Negotiation
Mediation & Arbitration
Collaborative Family Law

Separation Agreement

Assuming the parties have agreed to a final resolution of all matters between them, the parties may sign a final Separation Agreement.

Often, couples first settle all issues relating to parenting of their children, child support and spousal support, and property division by way of a Separation Agreement, before formally ending their marriage by way of an uncontested divorce.

The Separation Agreement is an extremely important document which may be impossible to later set aside.

For this reason, it is very important for the parties to have first exchanged meaningful disclosure, and for both parties to execute the Separation Agreement with independent legal advice.

Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.

To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at reception@mlfamilylaw.ca

Negotiation

Parties may negotiate issues on their own or with the assistance of their lawyers.  Sometimes  four-way settlement meetings are arranged, where both parties attend with their lawyers in the hopes of settling matters outside of court. Negotiation may also lead to mediation outside of court.

Negotiation is always encouraged, even if some, but not all, of the disputes between parties can be settled.  In the long run, it reduces the time involved and legal costs by leaving only the most contentious issues to be resolved at court.

Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.

To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at reception@mlfamilylaw.ca

Alternative Dispute Resolution – Mediation and Arbitration

Alternative Dispute Resolution refers to resolving cases outside of court.  The parties may choose to privately retain a mediator to assist with settling outside of court.

One form of mediation is utilizing the services of a parenting coordinator.

There are two main types of mediation:

  • open mediation, where matters discussed in mediation can be discussed in future court papers and at trial;
  • closed mediation, where absolutely nothing discussed at medication can leave the four walls of the mediation room.

Mediation can take place with only the spouses and a mediator present or it can take place with both spouses represented by their lawyers before the mediator.

If the parties do not resolve their dispute through mediation, parties may agree to arbitration.  Arbitration is a more formal process wherein parties should attend with their lawyers.  In arbitration, the arbitrator will make a decision which is ordinarily respected by the courts and has the same force and effect as a court Order.

The parties can agree that if mediation fails, their mediator will become the arbitrator.

The parties must pay for the services of the mediator and arbitrator on their own.

Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.

To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at reception@mlfamilylaw.ca

Collaborative Family Law

In Collaborative Family Law, the goal is to resolve disputes without involving the court.  It does require reasonableness on both sides and a willingness to compromise and reach a fair agreement.

If both parties agree that they prefer to negotiate and resolve their issues outside of court, they can both retain Collaborative Family Lawyers – a separate one for each party.  Both parties would sign a Participation Agreement.  This is a written agreement to voluntarily provide financial disclosure, communicate respectfully, and act in good faith during negotiations.

Parties engaged in Collaborative Family Law exchange financial information, make settlement proposals, hold settlement meetings with their lawyers present, and ultimately arrive at a mutually acceptable written settlement agreement.

Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.

To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at reception@mlfamilylaw.ca

Make An Appointment

Mahdi Leite Family Law will provide you with the information and legal tools you need. To book a free consultation in Toronto or Mississauga, please call 416-284-2354 or email us at reception@mlfamilyLaw.ca

A new path lies ahead. Mahdi Leite Family Law will guide you.

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