Process Options - Tasneem Alibhai

The Family Law Process

There are many options available to you in resolving your family law matter. Our team at Alibhai Law will determine, based on your specific circumstances, which approach is most appropriate.

If you are contemplating a separation or a divorce, it is essential to understand that no two cases are exactly alike (although the general issues might be the same) and there is no universal method or approach to resolving family law disputes. There are several options available to you that may include litigation or solutions that do not require court intervention.

At Alibhai Law, litigation is a last resort in resolving family law disputes for our clients. Litigation can be extremely costly, on both an emotional and financial level. It also tends to exacerbate conflict between parties and prolong a settlement being reached.

While litigation is generally less desirable of the various processes available to our clients to resolve their family law matters, sometimes litigation is necessary.

In these instances, we represent our clients at all levels of Family Court in a competent and solutions focused manner.

Negotiation

Negotiation is the process of bargaining and discussion undertaken by parties. It is a mechanism to resolve conflicts and reach agreements without resorting to lengthy and costly court battles. Negotiation can be between you and your spouse or can occur between your family lawyer and your spouse’s family lawyer.

Mediation

Mediation is where a neutral third party (often a senior family law practitioner who is a lawyer, retired judge, psychologist, or social worker) will work to guide you and your spouse to an agreement. Mediation can only be utilized if both parties agree to embark on this process. This process is designed to help conflicting parties reach a mutually satisfactory agreement without resorting to litigation.

Arbitration

Family law arbitration is a private, out-of-court process, where spouses agree to submit their family law disputes to a neutral third party (the arbitrator) for a decision. The arbitrator’s decision is binding, and the parties agree to comply with the award. Arbitration often results in quicker and more cost effective resolutions.

Collaborative Family Law

Collaborative family law is a process where the parties, with the help of their own collaborative lawyers, work together to resolve legal issues out of court, using cooperative strategies rather than adversarial techniques.

It’s an alternative to litigation, offering a more collaborative approach to resolving family law matters. Instead of adversarial tactics, collaborative family law emphasizes cooperation and finding mutually agreeable solutions.

Each party is represented by a collaborative lawyer who is trained in this specific process.

The goal is to reach a settlement outside of court, saving time, money, and emotional distress.

Depending on the case, other professionals like financial experts or family professionals may be involved.

Collaborative lawyers are advocates for their clients, but they are also guided by the principles of collaboration.

Litigation

Family law litigation is the legal process of resolving disputes related to family matters through a court system, where each party presents their case to a judge. Litigation is costly, time consuming and extremely stressful.