How to Resolve Your Family Law Problems During Coronavirus

Coronavirus… yes you guessed it: our courts are mostly closed. Lawyers are trying to work remotely. Marital problems are on the rise because of isolation and lack of space. Problems remain, but the usual ways to resolve them no longer really exist.

But don’t just panic yet. I have some really effective ideas that can resolve almost all family law disputes during Coronavirus or the COVID-19 pandemic. Let me explain:

Remote Arbitration

Remote arbitration in BC means that a very experienced family law lawyer or a retired judge will make decisions on your behalf if you and your spouse cannot agree on an issue. The arbitration is not in person, meaning you and your spouse provide your arguments through means such a video conferencing, phone, email, etc.

In a way, remote arbitration can have a lot of benefits over in-person arbitration. These include:

• Not having to be in the same room if you are not comfortable being around your spouse;
• You do not have to travel or pay the costs of traveling.
• Remote arbitration is specially good when the issues are small and do not take much time to resolve.
• Arbitration in general can be much more cost efficient than going to court because you and your spouse can agree on the rules that should apply and have more control over the process.
• Can accommodate anyone who may be sick, immune compromised, or self-isolating.

Note that in custody cases, the arbitrator can be a psychologist or social worker.

Often times costs of arbitration are shared between spouses.

Arbitrators that do Remote Arbitration in BC during Coronavirus

So far some very experienced arbitrators that offer on-line dispute resolution in BC are:

1. John Paul Boyd, QC – He is one of the most prominent family lawyers in BC and Alberta. He has vast knowledge of family law and is a solid contributor to family law issues.  You can read about him and his on-line dispute process here.
2. Kathryn Sainty, QC – retired Supreme Court Registrar that specializes in mediation and arbitration. You can read about her services, here.
3. For parenting issues ONLY, Joan Cotie would be a good bet and works out of Vancouver Island. Note she is not a lawyer but has extensive education in dispute resolution. Her fees are also reasonable.

Remote Mediation 

Remote mediation is a process where a qualified mediator helps spouses reach temporary or permanent agreements. It is not an in-person meeting and can happen online or through phone, email, etc.

The benefit of mediation is that parties are able to have a greater say in the outcome of any agreements. It allows for more flexibility and can be tailored to meet each family’s individual needs. This is particularly important if you have children who will now be out of school for an indefinite period of time. Mediation allows for out of box thinking and remains a viable alternative to court.

Other benefits are as above and include:

• Less travel costs;
• More say over the outcome;
• Feasible and amicable solutions to problems that will eventually help children and spouses have a positive relationship;
• Can accommodate anyone who may be sick, immune compromised, or self-isolating.
• Don’t have to be uncomfortable in the same room.

Mediator that do Remote Mediation in BC during COVID-19

1. Leena Yousefi of our own YLaw Group is an accredited family law mediator through the Law Society of BC. She has been selected as one of the Top 25 Lawyers in Canada and one of Top 40 under 40. You can read more about her, here.
2. John Paul Boyd, QC – He is one of the most prominent family lawyers in BC and Alberta. He has vast knowledge of family law and is a solid contributor to family law issues.  You can read about him and his on-line dispute process here.
3. Kathryn Sainty, QC – retired Supreme Court Registrar that specializes in mediation and arbitration. You can read about her services, here.

Remote Negotiation (Four Way Meetings)

Attending four way negotiations with your lawyers is an alternative available to separating families. Much like mediation, it allows separating parties to have a greater voice in decision-making and is often a cost efficient option to litigation.

A typical four way meeting is between the separating parties and their lawyers. Given the flexibility of the structure, four way meetings can be done over the phone or through available video conferencing means which ensures that all those involved whether self-isolation, immune compromised, or sick are able to effectively participate in negotiations. As this is a process guided by the spouses and their lawyers, it can be scheduled at a time that works for the spouses, ensuring that any parents are able to work around finding childcare.

Through negotiations at four way meetings parties can come to interim and settlement agreements that can provide stability during these uncertain times.

If you need our help at YLaw during these uncertain times, call us at 604-974-9529 or get in touch. 

Stay safe!