FAMILY LAW

This field of law is one of our focused area of law (besides Tax and Criminal). We provide advice and services in all areas of Family Law, including:

Divorce
Division of Family Property
Separation Agreements
Adoption
Custody and Access
Child and Spousal Support
Marriage and Cohabitation Contracts,
Mediation Services
 

Family Mediation is a private voluntary process whereby separating spouses meet individually and together with a fair and neutral facilitator, to resolve such issues as custody and access of their children, child and spousal support, payment of family debts, and division and equalization of family property. Mediation can commence quickly before problems escalate. The spouses assume direct responsibility and control of decision making in a time-limited process, which emphasizes the present and the future, not the past. Mediation provides the opportunity to resolve issues amicably based upon the spouses' particular needs and the needs of their children. The resulting agreement is likely to be more durable and less painful than the decision of a judge. The Mediator promotes and preserves the ability of the spouses to work together on problem solving. The Mediator helps spouses to develop skills so that future communications and the exchange of information and ideas, especially in relation to their children, are possible. Mediation is less formal and less threatening than the litigation process, which usually alienates parties into adversaries. The emotional and financial costs of mediation are significantly less than litigation. The Mediator's role is to focus attention on the issues to be resolved, prevent manipulation, facilitate effective communication between spouses and balance control between them. The Mediator acts as a buffer of emotions and works to generate positive reactions and successful results.

Mediation can be undertaken:

instead of litigation
when negotiations between lawyers have broken down
while parties are awaiting trial
after matters have been resolved, but new disputes arise

Prior to commencing mediation, each spouse should receive independent legal advice on his or her rights and obligations. Once issues have been resolved, independent legal advice is again necessary to ensure the enforceability of the agreement. The parties may obtain legal assistance throughout the mediation process. Since mediation is an alternative to Court proceedings, litigation should not be actively pursued.
Complete and accurate financial disclosure through the exchange of Financial and Property Statements and proposed budgets is essential to the mediation of economic disputes. Mediation sessions of usually one to two hours duration are held at our offices between the hours of 9:00 a.m. and 6:00 p.m. In appropriate circumstances, the sessions may include the input of the children. When both parties commit to mediation in good faith, issues can often be resolved in six sessions or less. If agreement on some issues is not reached, the Mediator will provide recommendations to the parties if so requested. The parties may still pursue litigation or arbitration. Mediation can terminate at any time. Mediation may not be possible in situations of domestic violence. If either spouse is unwilling to comply with the mediation rules or take part in the process, mediation will terminate.