According to Statistics Canada, approximately 40% of all marriages end in divorce. Everyday, couples decide to separate and the process of ending relationships is not easy. Couples often become adversaries and lawyers do as expected, they fight. Yet regardless of the anger and hurt, most couples do not want to fight. They simply want an end to their relationship and they want to move on. In the end, couples facing divorce through litigation are often left with lengthy delays, emotional anguish, and great expense.
The new Family Law Act (FLA) came into effect March 18, 2013. The FLA is intended to focus on the interests of children, encourages separating couples to resolve their disputes outside the court system through methods of Alternative Dispute Resolution or ADR, which include Mediation, Arbitration, Mediation-Arbitration, Collaboration, and Negotiation.
At Alasaly Law Group, we believe in a philosophy that is completely client-driven. Our mission is to be committed to the welfare of the client, in every way, financially, emotionally and legally. Our team wants to focus on compassion coupled with expertise so that we give desired results quickly and smoothly. Headed by Sarah, our foundation and thinking are rooted in efficiency and care, keeping the client first and benefitting him or her in every way possible.
We firmly believe in the power of negotiation. Based on what the client wants, we are proficient in both out-of-court settlements and court proceedings. From child rights and alimony support to family disputes and estate planning, we back our client to the hilt and ensure that we negotiate the best deal possible.
During divorce settlements, we advise our clients to go for collaborative divorce which means that instead of going to court, they can mutually decide on aspects of custody, property division and support with the help of a neutral party. This is suggested only in cases where the dispute is manageable and there isn’t a criminal offence involved. The ‘four-way meeting’ with our firm, our client, the other party and their lawyers involves negotiations, discussions and helps us in securing the best possible outcome for our client.
In mediation, parties or clients often discuss their issues or ongoing cases with us in order to reach a settlement. As a mediator, we don’t give any final or binding decisions but help you with legal advice as the negotiations move forward. We make sure you understand the legalities of what is being discussed and are adhering to your rights. Finally, if both parties agree on the terms, we will draw up an agreement that can be signed.
At Alasaly Law Group, Sarah and her team will guide you through your mediation-arbitration session. The process is generally as follows:
In comparison to more traditional methods of litigation, Med-Arb provides the following benefits:
Flexibility to approach your conflict from a third-party mediator’s point of view
The Med-Arb is a confidential process that happens in a private space, in an attempt to resolve long-standing issues, and not within the court.
Med-Arbitration practitioners are specialists in the area of family law
The fact that both parties are present and personally involved, in the presence of a mediator makes for an honest and truthful outcome to the mediation
Provides closure to long-standing disputes and allowing both parties to move forward into their prospective futures
The role of the mediator-arbitrator is to act as a neutral third party, with a keen ear to identify and resolve conflicts between a couple. Facilitating avenues for better communication is the primary goal here and the results are often better than divorce litigation. After both parties have communicated their issues, a final decision will be arrived at which will include the preferences of both parties and in some cases, willing compromise. Mostly couples who wish to separate often do not desire to engage in lengthy legal battles, but are looking for an amicable way to settle their differences, and to move on with their lives.
At Alasaly Law Group, Sarah and team will devise your mediation-arbitration session. The process we follow is as under:
Both parties are required to sign a Med-Arb agreement, detailing the process and confirming that in the event of unresolved issues left at the end, they will be resolved via arbitration.
Usually there’s only a single mediator present, but clients may choose to appoint two different Med-Arb professionals, one for each aspect.
Once this is done, background information shall be provided by the clients, to begin the mediation and to resolve the standing issues
Successful resolution of issues is documented in a written agreement
At the end of the mediation process, if there are still issues standing, those will be addressed by arbitration and the mediator will offer a decision that is binding to both parties.
Sarah is a strong believer in the fact that her client should go to court only when necessary. We try our best to sort out disputes by out-of-court settlements and collaborative law. Whenever necessary, the matter will be taken to court, where Sarah will represent you and do what is right to get you the best outcome possible.