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Family Law Mediator Ontario – Helping Dissolve Marriages Amicably

Posted by samanthas on February 7, 2013 in Relationship with No Comments


Family Law Mediation – An Alternative Solution When Dissolving a Marriage

If you are considering divorce, but are uneasy about the idea of having your divorce matters dragged through the courts only to have a judge make all the ultimate decisions, than perhaps divorce law mediation is right for you. Mediation is a great alternative to typical separation and divorce proceedings brought through the courts, as it gives the divorcing spouses the opportunity to end their marriage with more control over the outcome in the terms of the separation agreement.

What is Family Law Mediation?

This voluntary process involves the assistance of a family law mediator to help resolve issues involved with the divorce process. This is a good option for those who are looking for more of a problem solving approach to the issues that arise on separation. Rather than settling matters in court, mediation can provide an alternative to resolving differences and finding a better settlement for the spouses and their children.

The parties involved generally sign a Mediation Agreement which binds them to the process at hand. A family law mediator will help to identify the issues involved that require resolution, which ultimately facilitates a diffusion of emotional tension among the parties involved. Issues are kept private and confidential without having to involve unnecessary parties to intervene. Rather than focusing on negativity, the focus is honed in on reaching an agreement with the help of the mediator.

Matters and issues that can be resolved in a mediation process are the same as those that are handled in court, such as:

  • Child support
  • Child custody
  • Dividing property
  • Dividing business partnerships
  • Dividing capital and assets

Finding the Right Family Law Mediator

If you are looking for an alternative to court to end your marriage, then consider mediation. To begin, you’ll need the assistance of an experienced mediator who is usually a divorce lawyer specially trained in mediation to resolve issues involved in the separation process. Diane Daly is one such experienced divorce mediator in Oakville who has over 20 years of experience helping couples go through the divorce process with integrity and dignity.  She helps helping children and other family members move on to a better tomorrow with agreements that all parties can live with.

When you are considering divorce, call Diane and her team to today and dissolve your marriage using an alternative method to divorce court.  Her team also offers negotiation, arbitration and Collaborative Family Law.  Learn more by visiting her website at: www.oakvillelaw.ca, or call (905) 844-5883 if you are in the Greater Toronto – Greater Hamilton area.

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Divorce Arbitration

Posted by samanthas on August 6, 2012 in Oakville Ontario Services with 1 Comment


During separation and divorce, emotions run high.  Dealing with family law issues can be confusing and traumatic.  An aggressive and long legal battle can emotionally scar all parties involved.  There are alternatives to going to court that make the divorce process less damaging.  These alternative models also tend to be less expensive and quicker than court battles.

Traditional negotiation involves spouses meeting with their lawyers separately.  Lawyers provide spouses with legal advice and suggest solutions to issues that arise.  When you make a decision, your lawyer negotiates directly with your spouse’s lawyer.  In negotiation, it is the lawyers who drive the process, while the clients are giving instructions to them in the background.  Mediation is suitable for couples that prefer to discuss their options and negotiate themselves, but need the support of a neutral third party mediator to facilitate their negotiations. The mediator aids the spouses in generating solutions for each of the issues that have arisen from the divorce.  The solutions are evaluated together and the goal is reaching agreement in a civilized manner.

However, sometimes divorce cannot be resolved through negotiation or mediation.  In this case, arbitration is an option.  Arbitration is an alternative to going to court to settle these issues. Divorce arbitrators are similar to judges in that they are neutral decision makers.  Unlike mediators, they make decisions on the case that both parties are bound by.  If you and your spouse choose arbitration as the way to settle the issues that you cannot agree upon, you must abide by the arbitrator’s decisions and imposed settlements. The arbitrator will render decisions based on the law in Ontario and details involved in your case.  If you are unsatisfied with the outcome of the divorce arbitration decision, you can appeal it under certain circumstances.  This is covered by section 45 of the Arbitration Act of Ontario.  Compared to going to court, arbitration is generally faster, less costly, and less formal.

You will need to find a divorce arbitrator in Oakville or other parts of Ontario who is specially trained with lots of experience.  Diane Daly and her team offer negotiation, mediation and arbitration services for couples going through separation and divorce.  Call the team with over 20 years’ experience at (905) 844-5883.

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What Is A Divorce Mediator?

Posted by samanthas on July 2, 2012 in Oakville Ontario Services with 1 Comment


A divorce mediator is a neutral third party who helps spouses through their divorce using the divorce mediation process.  Divorce mediation is an alternative to standing before a judge in court.  It is a problem solving approach to separation and divorce involving a divorce mediator specially trained to help them reach a separation agreement.

The goal is for the spouses to work as a team towards finding the right settlements for themselves and their children.  With support from the divorce mediator, the participants identify issues that need to be resolved and options for resolving them.  There are many issues that arise on separation, including: how the parties determine the value of their assets and debts, and how to divide those (division of property); where the children will live and on what schedule (custody and access); how parents will support the children (child support); and how parents will support themselves and each other (spousal support).  Sometimes there are also businesses and pensions that need to be taken into consideration. The mediator helps the spouses generate solutions for each of the issues that arise from the divorce.  The solutions are evaluated together and agreement is reached in a civilized manner.  Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out, and they agree to fully participate in the mediation process.

Divorce mediation offers more control and flexibility to spouses than going to court does.  The spouses have the flexibility in taking time to consider how all the decisions will affect their family in the long term.  They shape the final decision, rather than having an outside party (i.e. judge) make the settlements.  The divorce mediation process tends to also be quicker and cheaper than going to court.

Divorce mediation is confidential, which is important given the private emotional and financial issues involved in a divorce. Mediation is emotionally healthier and leads to better relationships in families after the separation.  The focus is on communicating better, which is particularly crucial if children are involved.

It is important that parties have a basic understanding of their rights and responsibilities before coming to the mediation table.  Both parties should consult a lawyer for independent legal advice at some point during the mediation process. Since the divorce mediator does not work for either spouse, they cannot give legal advice.  The mediator’s role is to be neutral and help the parties find solutions they can both agree to.

Mediation is generally a more positive and predictable process than adversarial strategies.  Unlike judges and arbitrators, mediators do not impose settlements or make decisions on cases.  Mediators merely support the spouses and facilitate the process.

Mediators are trained professionals who have strong backgrounds in psychology, social services and law.  They help diffuse emotional tension between two spouses and direct the focus to reaching an agreement.  After an agreement is reached, usually the mediator prepares a Memorandum of Understanding, which parties then take to their respective lawyers, who can make last minute revisions, if necessary.

If parties cannot reach agreement with the help of a mediator, they can still go to court and will need a judge or an arbitrator to settle the divorce.  For mediation to be successful, both disputants must be reasonable people who are motivated to negotiate a final settlement.  Divorce mediation is not for every couple, and it is not for every situation. However, it has no drawbacks, and can help people save money, time and energy – not to mention the wear and tear on the family unit.

 

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Using a Female Divorce Lawyer to Help Settle Your Divorce

Posted by samanthas on June 29, 2012 in Home Living Tips, Oakville Ontario Services with No Comments


Divorce Law in Ontario

Going through a divorce is a devastating and emotionally draining experience, and is a process through which you’ll definitely need support. Getting in touch with a knowledgeable, professional and caring divorce lawyer can help to lessen the pain of divorce, and make the whole process go as smoothly as possible.

Some women may feel more comfortable collaborating with a female divorce lawyer, as some women will find it easier to identify with their female counterparts. Often times the female perspective on divorce can vary slightly from the male perspective, which is why it is sometimes helpful to have a female lawyer on your side.

Issues to Address

After years of marriage, many issues will need to be addressed and settled upon. Some of these issues can include:

  • Division of property
  • Division of assets
  • Division of business income
  • Division of debt
  • Spousal support
  • Child custody
  • Child support

Your Divorce Options

Divorce proceedings don’t always have to go through the courts. There are other options available to you and your spouse that are generally much more reasonable and rational than going through a court battle to settle divorce issues. Some of these options include:

  • Traditional negotiation
  • Collaborative family law
  • Mediation
  • Arbitration

Having a Professional Divorce Lawyer on Your Side

Diane Daly is a professional female divorce lawyer who specializes in more respectful and cooperative approaches to the processes of settling divorce. For over 20 years, Diane and her team have been helping families get through the dissolution of marriage as amicably and reasonably as possible. She cares about making the process easier on the family unit, and takes particular interest in the well-being of any children involved in divorce proceedings. Diane will work to inform you of all your rights and responsibilities under Ontario law in order for you to make the best decisions for you and your family. She will advise you of all the different options you have to settle your divorce, rather than automatically opting for court proceedings.

If you are facing divorce, call Diane and her team today and have a knowledgeable and caring professional guide you step by step through the divorce process.  Call them at (905) 844-5883 or visit their website: www.OakvilleLaw.ca.

 

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Using a Divorce Lawyer Oakville After the Dissolution of a Marriage

Posted by samanthas on June 19, 2012 in oakville ontario, Oakville Ontario Services with No Comments


People generally enter a marriage with the best of intentions. However, many marriages end up in divorce, which then necessitates the settlement of a variety of issues and a separation agreement. The entire divorce experience is incredibly stressful and traumatic for those involved, which makes it even more essential to deal with matters as amicably and quickly as possible. Using the services of a reputable and caring divorce lawyer Oakville can help you settle all matters as smoothly as possible.

How a Divorce Lawyer Can Help

It is essential to seek legal advice when you are contemplating getting a divorce. This will help you and your spouse come to an agreement on many matters that need to be addressed during the separation. Divorce lawyers have the necessary education, training and experience to help all parties involved get things settled and move on with their lives as quickly as possible.
Some of the common issues that need to be agreed upon and settled include:

  • Child custody
  • Child support
  • Spousal support
  • Property division
  • Finances
  • Investments
  • Business entities

An experienced divorce lawyer, like Diane Daly, can explain your options to you, including avoiding divorce court through negotiation, mediation, arbitration or collaborative family law.  These options use a more cooperative and collaborative approach, putting the divorce process in the control of the separating couple rather than the courts.  It pays to understand your options to decide the best course of action to be taken.

Spouses can decide at the appropriate point whether they can settle their issues out of court, or take their divorce to trial. Of course, the ideal situation would be to settle out of court, as this can often be a much faster and less emotional scenario. A collaborative family lawyer will help you negotiate your terms and try to come up with a settlement that everyone will be satisfied with. If a settlement cannot be reached, it may be necessary to take the divorce proceedings to court and have a judge help in negotiating and settling pertinent matters.

Finding a divorce lawyer who is truly compassionate as well as knowledgeable is essential. Diane Daly is a lawyer with over 20 years’ experience in the Oakville area who has helped countless families settle their divorces both in and out of court. Diane and her team care about the well being of the children and the divorcing spouses, and proceed with negotiations in such a manner to protect everyone’s best interests.  Give them a call at (905) 844-5883.

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Benefits of a Divorce Mediator Ontario

Posted by samanthas on June 4, 2012 in Oakville Ontario Services with No Comments


Divorce is a very unpleasant and unsettling experience for anyone to have to go through. It can be made even worse when the parties involved can’t seem to negotiate and settle issues without getting heated and emotional. This is where divorce mediation can help. By allowing a third party into the negotiations and communications, the divorce process can be made as smooth as possible.

What is Divorce Mediation?

Divorce mediation is a process where the two divorcing spouses negotiate issues that need to be resolved for the separation agreement. A divorce mediator is a specially trained,  neutral third party who will help the parties resolve issues such as real estate, finances, child custody, spousal support, and so forth. Mediation is done outside of divorce court, and eliminates the need of getting a judge involved who will ultimately decide the fate of all outstanding issues related to the marriage and divorce.

Often divorce mediation can reduce the emotions and stress involved during the dissolution of a marriage, which is a big advantage for all parties involved, especially the children. All parties will enter into a Mediation Agreement, which is completely confidential.

The goal of divorce mediation is to get the divorcing spouses to work together to determine the appropriate settlement for themselves and their children. The Mediator will facilitate this process to help the spouses come to an agreement on all issues without having to drag their divorce through the court system. This is a positive process, which helps to reduce emotional tension that may most likely exist between the divorcing couple.

Using a Reputable Divorce Mediator

Diane Daly is a divorce mediator in Oakville who strives to ensure that the children are put first in all divorce situations. Often, the kids get caught up and lost in the entire mess of the divorce, which can have serious emotional consequences for them, in addition to their parents. Diane strongly believes that agreements are best made amongst the parties involved, rather than having an outsider make the decisions for them. With the help of the Daly Law professional team, the divorce process is more respectful and dignified.  Divorce mediation offers a better path for couples and families to move forward.  Spouses are much better off and are better prepared as they dissolve their marriage amicably, and resume life on their own.   Visit www.OakvilleLaw.ca for more information on settling separation issues outside of divorce court.

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A Divorce Mediator: Neutral Third Party in Divorce

Posted by samanthas on April 10, 2012 in oakville ontario, Oakville Ontario Services with No Comments


Oakville is home to over 180,000 residents and offers many wonderful family oriented neighborhoods.  Unfortunately, couples do separate and the impact of divorce on a family is devastating.  Going through the lengthy court process causes further stress, and is also expensive.  There are alternatives to the court process, which tend to be cheaper, faster and less stressful.  One of these options is divorce mediation.

A divorce mediator is a neutral third party who helps spouses using the divorce mediation process.  Divorce mediation is a problem solving approach to separation and divorce involving a divorce mediator.  The goal is for the spouses to work as a team towards finding the right settlements for themselves and their children.  The divorce mediator helps the spouses identify issues that need to be resolved and options for resolving them.  There are many issues that arise on separation, including division of property, custody and access, child support, and spousal support. The mediator helps the spouses generate solutions for each of the issues that arise from the divorce.  The solutions are evaluated together and agreement is reached in a civilized manner.  Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out.

Divorce mediation offers more control and flexibility to spouses than going to court does.  The spouses have the flexibility in taking time consider how all the decisions will affect the family in the long term.  They shape the final decision, rather than having a judge quickly make the settlements.

It is important that parties understand their rights and responsibilities before coming to the mediation table.  Both parties should consult a lawyer for independent legal advice at some point during the mediation process. The divorce mediator is a neutral third party and does not work for either spouse. Hence, they cannot give legal advice.  If parties cannot reach agreement with the help of a mediator, they can still go to court and will need a judge or an arbitrator to settle the divorce.  For mediation to be successful, both disputants must be reasonable and motivated to negotiate a final settlement.

Divorce mediation is not for every couple or every situation. However, it has no drawbacks, and can help you save money, time, energy and damage to the family unit.  It is important to find someone who is trained and experienced in divorce mediation in Oakville or the Greater Toronto Area. We recommend Diane Daly, a lawyer with over 20 years experience if you are in Southern Ontario.

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