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Reaching a Final Resolution

There are many different ways of reaching a final resolution to your outstanding family law matters. The ideal solution is a negotiated settlement. This can be done either with the assistance of counsel or between the parties themselves. If negotiation is proving unsuccessful there are several different options available.

The typical first approach would be to engage a mediator to help provide a neutral prospective on the outstanding issues and hopefully come up with compromised positions both parties can accept. Mediation is typically done with the assistance of counsel representing both sides, however, it can be done without legal counsel being present.

In addition to simply being a mediator, the same individual can be appointed with arbitration powers. An arbitrator has the ability to determine outstanding issues that could not be resolved by mediation. Once arbitration is set, the arbitrator does have full decision-making powers equivalent to a judge and can only removed by the consent of both parties or if the arbitrator discharges his/herself.

Outside of these options, there are various ways of reaching a final resolution through the Court. Minor Court Applications can be made to resolve small issues on an interim basis. To reach a final resolution on most issues through the Court, a trial would be required. This is mandatory for issues relating to property in particular. Within the Court, there are parallel processes to help reach final resolutions. Early Intervention Case Conferences (EICC) are one (1) hour mediation sessions carried on by a Justice. Such meetings can only issue procedural orders and require both parties to consent to the proposed resolution.

Judicial Dispute Resolution (JDR) is a more thorough mediation session where a Justice receives significant material in advance and the parties have a full day with a Justice to try and resolve all outstanding issues. JDRs can be made binding as well where, at the end of the day, if the parties are not able to reach a resolution the Justice will impose a final decision.

At Soby Boyden Lenz LLP we can assist parties in choosing the appropriate path to resolve issues both on an interim basis as well a final basis. The lawyers at Soby Boyden Lenz LLP are always conscientious to try and utilize the best process that is both cost effective and expedient.

Should you wish to discuss the appropriate path moving forward in your family law matters, please call us at 403.262.0000.

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