Why Utilizing Alternative Dispute Resolution Methods When Children Are Involved Is So Critical

Negative feelings and emotions about the person that you are now contemplating separating from or have already separated from is definitely not an easy feat. However, especially when children are involved, it is important to put your ill feelings about your soon to be ex partner and what you deem to be a failed relationship on the back burner. When individuals are involved in acrimonious high conflict litigation, the individuals that they are hurting the most is ironically probably the most important people in their lives, their children. Separation and divorce does not necessarily have to be a damaging life experience for children, and the only way to prevent such negative aftermath is for both parents to put their childrens’ best interests ahead of their own.

Before parties decide to commence litigation, they should ask themselves this important question:

1. Who would be best suited to make life altering decisions about the custody arrangement of my children and where my children will reside?

The answer is either:

A) We, the parents (either assisted or unassisted), or

B) A third party who has never met our children and probably will never meet them

When parties decide to commence litigation, what they are doing is essentially asking the judge (a 3^rd party) to make critical decisions about their children and to understand their family dynamics, without ever having met their children and been involved in the family.

Parties should be aware that there are alternate methods of resolving their family law matters, other than via the court route. Although alternative dispute resolution methods are not an option in all cases, the family law lawyer can assist you in deciding whether an alternative dispute resolution method is a good option for your family. Various dispute resolution methods have evolved most recently in family law.

Parties may decide to utilize lawyers to negotiate the terms of a settlement. In essence, the parties will hire their respective lawyers to assist them in coming to terms with a resolution that is acceptable to both parties. If this method fails, there are other ways to resolve a family law file outside of court with the assistance of lawyers. Such methods including the following: Mediation, Arbitration, Med-Arb, Collaborative Family Law, Parenting Coordinators, hiring a private assessor, etc. Parties would be wise to discuss each of these options with their respective lawyers to see if utilizing one of the above methods would be in their best interests. In most cases, it is preferable that parties utilize these methods to assist them in arranging an Agreement that is mutually satisfactory. Parties will feel satisfied and fulfilled at the thought that they each played a significant role in putting together an acceptable plan for the children.

When both parties are committed to their children and their best interests, and they are committed to keeping the matter outside of court, a better solution is reached, and at an expense considerably lower from the expense that they would have incurred had they have gone to court on the matter. 

Speak to your family law lawyer about your options.

About Nadia

I graduated first class with distinction from York University in 2005, after obtaining an Honours degree in science (specializing in psychology). I decided to pursue my ambition of becoming a lawyer at Osgoode Hall, and graduated in 2008. During law school, I served as Duty Counsel for the Community Legal Aid and Services Program, participated in the Mentorship program (acting as Mentor for two first year students), and was an ambassador. I was also awarded the Albert Weisbrot Q.C. Family Law Scholarship, for having obtained a high standing in the family law course. I was called to the Ontario Bar in 2009.

I am keen on assisting my clients in the most professional and effective manner, and am willing to pursue with my clients the most appropriate method of resolution for their particular case. I feel that my background in psychology, combined with my exclusive experience in the area of family law, has helped me to relate to each of my clients in the most empathetic manner.