Tag Archives: divorce bc

What is collaborative law?

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What is collaborative law?

Question: What is collaborative law?

Answer: Collaborative law is a process whereby parties focus in on getting a negotiated settlement and each have their own lawyer but the understanding is that each lawyer is focused on reaching a settlement and cannot act further for the parties if proceedings do not result in a settlement and the parties have to go to court.  In the collaborative process, the lawyers may engage another lawyer to mediate and may engage experts as required like valuators for land or other property or a counsellor or psychologist to deal with custody issues.  Routinely, the parties share the costs of these expenses with the focus being to avoid court proceedings.

What is arbitration?

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Question: What is arbitration?

Answer: Arbitration is a process whereby the two parties to a family law dispute agree that they need a third party to resolve an issue between them but wish to note go to court and will hire a third party (usually a senior lawyer or retired judge) to decide the issue for them. The advantage of this approach is that two parties to a family law dispute can usually get to an arbitrator faster than going to court and subject to the direction by an arbitrator can tailor the evidence they will call to their specific needs. Often parties will attend with their own counsel and arbitration is often effective where there are a few discrete issues to resolve.