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Turn First to Alternate Dispute Resolution

May 13, 2016 by West Coast ADR

Slugging it out in court with your ex wastes valuable resources and is stressful for all concerned. Most importantly, the kids will likely be adversely affected by the acrimony and animosity between their parents.

But there is a better way to settle differences involving child custody and other disputes of family law. The passage of British Columbia’s Family Law Act leaves the door open to alternative dispute resolution, wherein the opposing parties first attempt to resolve their differences instead of immediately heading to the courts to litigate their matters before the court.

Not every case will be a good fit for ADR. In circumstances where there have been incidents of domestic violence or one party routinely bullies the other, ADR would be inappropriate due to the possibility of undue influence being imposed on one party by the other.

However, when the two parties are able to remain civil with one another and are able to focus on the issues and consider the best interests of any minor children, this method of dispute resolution can be ideal.

Not only can it be faster and cheaper than a long, drawn-out court battle, resolving differences through negotiations and mediation can preserve what remains of relationships between divorcing spouses. Especially when there are children from the union, the parties will still have to deal with one another for years to come at family events and childhood milestones. When all parties are able to act respectfully, it can be a much more convivial environment for the kids.

Our lawyers seek to utilise this ADR process whenever possible, yet always remain prepared to litigate issues that defy resolution. If you are struggling to resolve family law matters, we can assist you.

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