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Divorce Arbitration Ontario as an Alternative to the Court

Posted by samanthas on August 16, 2012 in Home Living Tips with No Comments


When a marriage falls apart, the entire situation is incredibly stressful and devastating to the entire family, including extended family. The idea of divorce is bad enough, so it’s in everyone’s best interests not to turn something bad into something even worse with a messy divorce. There are a few options for divorcing spouses to undertake when they are dissolving their marriage. One of these options is inviting an Arbitrator into the picture to help dissolve the marriage as amicably as possible. Doing so will make the situation much less stressful, and will help the parties leave the marriage feeling satisfied with what they have agreed upon during negotiations. Diane Daly is a divorce lawyer who also practices divorce arbitration Ontario in order to help all parties leave the marriage with as much dignity as possible.

What is Divorce Arbitration?

Divorce arbitration involves inviting a neutral third party into the negotiation process between the divorcing couple. This arbitrator acts as an unbiased third party who is there to help make the negotiations go smoothly, and to offer sound advice that makes sense for all involved. Arbitrators decide the cases, and both sides need to be in agreement and bound by this final decision. This is an alternative to bringing your divorce case to the courts in front of a judge, which can be much more invasive and emotionally agonizing for all family members involved, especially the children.

Advantages of Using an Arbitrator

Choosing divorce arbitration Ontario allows the parties to keep their divorce out of the courts. By keeping it out of the courts, the divorce can be dissolved much quicker and with much more integrity and ease. Setting dates for arbitration is so much easier and quicker than setting dates to present your case in court. In addition, the arbitration process is usually much less expensive than going through the court system.

The arbitration hearings are scheduled around each party’s schedules, and not around the court’s availability, which means that the divorcing couple does not have to wait around for a court date that may or may not coincide with their own work or personal schedules.

Choosing an Arbitrator

You want to make sure that you choose a lawyer who is well versed in divorce arbitration for Ontario, or your state/province.  Look for a divorce arbitrator who is experienced, professional and caring. Both parties should agree on the arbitrator that they would like to use. This person needs to be fully competent and reliable, as well as impartial. All these factors are important because the arbitrator’s final decision which will be binding on both parties, so you want to make sure you choose someone who has a great track record making sound decisions.

Diane Daly and her team have been helping divorcing couples deal with separation and divorce settlement in a variety of ways that help pave the way to a better tomorrow.  There are alternatives to divorce court including arbitration as well as negotiation, mediation and collaborative family law. Diane has plenty of experience in these delicate situations, and has a deep compassion for those most vulnerable in these situations, namely the children. Call Diane and her team today at (905) 844-5883 to help get the arbitration process started in order to avoid the costly and emotional court system.

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Using Divorce Arbitration as an Alternative to Divorce Court

Posted by samanthas on July 17, 2012 in Home Living Tips with No Comments


What is Divorce Arbitration?

Ontario divorce arbitration is an alternative method to settling divorce issues and dissolving a marriage rather than going through the courts to do so. It generally takes a shorter amount of time, and can be less expensive than taking the divorce to trial in front of a judge.

Rather than having to go to court according to the judge’s appointment, arbitration hearings are scheduled around the parties’ schedules, making it much easier and more convenient to be able to attend these meetings. All arbitration proceedings are kept confidential, although this information can be made privy to the public if the arbitrator’s decision is appealed.

If negotiation or mediation fail to settle divorce issues, than arbitration can be a viable method of resolution. Arbitrators ultimately make the final decisions when settling cases, unlike mediation where the decisions are made by the ex-spouses. It is essential that each party understands that it is the arbitrator who will be making the pertinent decisions, and they agree to abide by the decisions when they decide to use an arbitrator.

Benefits of Using a Divorce Arbitrator Ontario

One of the biggest benefits of using divorce arbitration is the avoidance of dragging the divorce through the courts. It is a less formal method of ironing out separation issues, and allows the divorcing parties to be able to schedule meetings that is convenient for them. Arbitration also tends to be much faster than court proceedings, as well as less expensive.  It is generally an alternative to divorce court that involves mutual respect and collaboration, and is easier on the family unit.

Have Professionals Assist You Every Step of the Way

Diane Daly is a divorce lawyer and experienced arbitrator, as well as a mediator and collaborative family lawyer. She is member of a variety of family law organizations and has over 20 years’ experience with Ontario law. Not only does Diane have the credentials to back up her professionalism, but she also truly cares about her clients and members of the family that are negatively affected by the divorce.  She can review your options to help you avoid divorce court and get on the road to a better tomorrow.

If you are facing the separation and divorce, contact Diane Daly and her professional and expert team today for a consultation on how her services can help you and your family.  If you are in Southern Ontario, call (905) 844-5883.

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Collaborative Family Law May Be Your Best Divorce Alternative

Posted by samanthas on March 8, 2012 in oakville ontario, Oakville Ontario Services with No Comments


Divorce is very stressful for a couple ending their marriage. When children are involved it can be even more psychologically damaging. 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, and also tend to be less expensive and quicker.

Collaborative family law is a cooperative approach to divorce. This model uses a team approach to assist spouses in resolving issues arising upon separation. The collaborative “team” includes both spouses, a collaborative family lawyer, and any other professionals they feel are needed (e.g. financial experts, family specialists). Often, lawyers are not needed for all aspects of the negotiation. This approach is cost effective and efficient because the spouses have access to the right expertise at the right time and the process is more in their control than divorce court.

In collaborative family law, spouses control the process and work together. If both parties agree to the collaborative model, a Participation Agreement is signed by the spouses and all professionals involved. During a series of confidential meetings, a collaborative family lawyer supports the spouses in identifying issues, generating options and choosing solutions that meet the needs of both parties. A separation agreement is then drafted. Collaboration eases the emotional strains of a separation and protects the well being of the children. Through open communication, full disclosure and mutual respect, both parties address their concerns. This paves the way for smooth transitions and positive interactions in the future. People who reach agreements themselves tend to be more satisfied than those who have decisions imposed on them by a judge.

Collaborative family law is voluntary and both parties must cooperate in the settlement meetings. If either spouse decides to go to court, everyone on the team must withdraw from the process. This is an incentive for everyone involved to be committed to negotiating and coming to agreements. The collaborative family lawyer’s role is to provide legal advice, and coach the spouses in an organized framework to agree on the terms of a separation agreement.

Collaborative family law will not work for everyone, but it is a viable and preferred method for many families.

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