How can I settle my Family Law Case? Mediation, Arbitration and Settlement Conferences

How Can I settle my family law case?

Many couples who are separating simply do not have the money to fully pay their BC family lawyer or the time to fight and engage in legal proceedings to get their rights. Everyone, including Vancouver family lawyers, the government and judges like to settle cases outside of trial. In court and litigation, there is often a winner and loser and no one wants to be a loser. No one prefers to leave the decision-making to a stranger (the judge), which can lead to risks and misunderstandings.

Settling your case gives you the option to control the outcome but a settlement comes with compromise. In settlements, you do not always get everything you are entitled to but you save on legal costs and the mental agony that can sometimes cause permanent emotional damage.

In family law cases, you have various options to settle your case. The three biggest ways to settle a case are mediation, arbitration and settlement conferences. 

Settle my family law case: Mediation

Mediation can be casual or formal. Casual mediation is when you sit with a neutral third party who will try to get you and your spouse to settle your case. This can be your friend, family member or professional. Casual mediation is often not effective.

Formal mediation starts with something called the Notice to Mediate. The process often takes three months. You will have to exchange all required documents for the mediator to be able to familiarize him or herself with your case. You will also have to complete and serve what is called a mediation brief which sets out the facts of your case and your position on issues such as child support, child custody, spousal support and property division.

Pros and Cons of Mediation

Mediation is less costly than litigation and court proceedings. It is often a voluntary process. It is very important that you choose an effective mediator who you trust to resolve your case. You should ask a lawyer for a referral for a good mediator.

The disadvantage of mediation, especially formal mediation, is that there is no guaranteed outcome and no final result can be reached by anyone if you or your spouse do not mutually consent to the outcome. This means you risk losing money on mediation without obtaining a result. It may also mean prolonging court proceeding and inevitable litigation.

Settle my family law case: Arbitration

Arbitration is good for people who would like to have a result without having to wait or go to court. Most family law cases take between 1 to 3 years to be heard by a judge and many people understandably do not want to wait this long.

An arbitrator is a professional such as an experienced senior lawyer or even a judge who will hear your case in a speedy manner and make a decision on your case. Arbitration is very much like litigation and court process, without you having to actually go to court or wait for a judge to hear your case.

Pros and Cons of ARBITRATION

The advantage of arbitration is that you will obtain a result on your case in a speedy manner. It can also be less expensive than having a full trial in the Court.

The disadvantage of arbitration is that even when you get a judgement on your case by the arbitrator, you still have the right to go to Court and to trial if you are not happy with the judgement. You also have to pay for the arbitrator’s legal costs which range between $300 to $500 per hour. If you went straight to Court, you would not have to pay for a judge (just your lawyer if you have one).

Family Law Settlement Conferences in BC

A family law settlement conference in BC happens after you commence court proceedings. You will then have the option to ask for a family law settlement conference before a judge. The judge will help you and your spouse to reach a settlement. All settlement talks are confidential and you do not have to pay for the judge’s time.

I have come across some incredibly effective and empathetic judges such as the Honourable Justice Fenlon and the Honourable Justice Silverman who work extremely effectively and help the parties reach a settlement. A settlement conference also could cost you much less than mediation or arbitration.

Pros and Cons

A settlement conference does not guarantee a final result, as again, you and your spouse must voluntarily agree to a settlement and the judge cannot force an Order on you. This could mean you having to spend legal fees on a settlement conference without obtaining a final outcome.

However, it is almost always worth attending a settlement conference before a judge because there is a good chance you will settle based on the judge’s directions even if you think your spouse is unreasonable and settlement is impossible.

For mediation, arbitration and settlement conferences, you almost always need a lawyer. Most mediators and arbitrators will simply not accept providing service if you do not have a lawyer.  YLaw can offer single issue Mediation or Arbitration to help you settle your case on your own terms.

For questions or comments, please contact us or call 604-974-9529.