BUSINESS

from ReFINEd spring 2021

WHEELS

WITH Amber Penney Lenehan Musgrave LLP

Family Law Dispute Resolution

You have options

Sometimes people are hesitant to take the first steps toward a separation and divorce because they do not feel the court process is right for them.

It is important to know that there are many options, other than court, available for separating and divorcing spouses. Some of these options include, but are not limited to, the following:

1. Four-way meetings

Sometimes it is helpful for both spouses, along with their lawyers, to meet and discuss the outstanding issues, such as custody, parenting, child support, spousal support and property division. Full financial disclosure is usually exchanged in advance of this meeting so both spouses know the full scope of their assets and debts, as well as the nature of each other’s incomes. This allows both parties to effectively discuss and negotiate an amicable settlement.

2. Collaborative law

This is a unique dispute resolution process focused on identifying the parties’ interests in a way that allows discussion of options to meet those interests. To navigate through this process, each party will engage the services of a trained collaborative lawyer to assist them in using cooperative strategies to resolve issues.

The spouses and their lawyers will use group meetings to achieve an agreed upon resolution. 3. Mediation

This is a voluntary process facilitated by a trained mediator. Mediation takes place outside of court and allows parties to work together with a mediator to identify and attempt to resolve the outstanding issues between them. Like other options, mediation allows parties to have a say in the ultimate outcome so they know the solutions put in place will work for their family.

4. Judicial settlement conferences

Although settlement conferences take place within the court process, they are very different than having a trial. They are not mandatory, so both parties must agree to participate. Judicial settlement conferences are held in the courthouse, but typically in a conference room. They are intended to be informal and most judges encourage the parties to speak up and discuss matters, rather than only having their lawyers speak on their behalf. Advantages include:

• You will have a say in the final terms of resolution, rather than having a final resolution imposed on you by a judge

• Participating in a settlement conference is less expensive (both in terms of preparation time and attendance in court) than preparing for and attending a trial

• Participating in a settlement conference involves negotiation and compromise rather than proceeding to trial, which involves conflict and opposition. For example, in a trial it is necessary to say things while under oath in a public courtroom that you might prefer to leave private and unsaid. It is not unusual for people to want to resolve some of the most important family matters without a trial. At Lenehan Musgrave, we usually canvas collaborative options as an appropriate place to start discussions and negotiations for a separation or divorce.

Most recently, during the height of the COVID-19 pandemic, the “out of court” options listed here have been of particular interest to people, as the court process could only be used in emergency cases. These options have the unique ability to be accessed through technological means and allow parties to continue their negotiations during a time when face-to-face meetings were not possible.

Amber Penney

Lenehan Musgrave LLP