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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.


Divorce Mediation – An Alternative to Divorce Court

Posted by samanthas on July 25, 2012 in Home Living Tips, Oakville Ontario Services with No Comments

Divorce mediation is an alternative to going through the court process, which can be lengthy, costly and stressful.  The time you spend preparing documents for court is time away from your job and family.   Scheduling conflicts between litigants and courts can cause expensive delays.  You pay for each hour your lawyer spends waiting, even if no progress is made on your case.  Seeing your spouse in court can be draining – physically and emotionally.

Courts are adversarial in nature and encourage combat, which negatively affects your family dynamic when the legal proceedings are over.  People feel out of control in court and outcomes are unpredictable.  You may have to make important decisions about settlements in just a few seconds in a crowded hallway.  There may be only a few minutes to present your case to the judge.  The anticipation waiting for the court order is stressful, and you may not be happy with the outcome.  You may feel as if the judge didn’t read your papers or listen to your lawyer.  Yet the court’s order stands and can turn your world upside down.

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 mediation lawyer.  The goal is for the spouses to work as a team towards finding the right settlement for themselves and their children.  The parties and the mediator sign a Mediation Agreement which outlines the way all the issues will be worked out.  With support from the mediator, the participants identify issues that need to be resolved and options for resolving them.  In mediation, you determine the issues and schedule.  You make the decisions that you will have to live with.  You have the flexibility in taking time consider how these decisions will affect your family in the long term.  The process is generally faster than going to court.  You also control the cost, which is significantly lower than going to court.  Mediation is emotionally healthier for you and your family – the focus is communicating better, which is especially important if children are involved.

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 considering.  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.  The mediator’s role is to be neutral and help the parties find a solution 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. They are trained professionals who help diffuse emotional tension between the two spouses and direct the focus to reaching an agreement.

After 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 will need a judge or an arbitrator to decide.



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.