On the widely accepted Social Readjustment Rating Scale, devised in 1967 by researchers at the University of Washington, divorce ranks second on a list of most stressful life events, just below the death of one's spouse. As a matter of fact, 6 of the top 20 most stressful events one can experience have to do with family matters, which is, perhaps, unsurprising.
While many of these events are difficult due to their unpredictable nature, others, like divorce, are often premeditated and can lead to prolonged emotional turmoil. However, mercifully, where litigation may act as a universal solution for family matters of this type, alternatives do exist.
The Canadian family court system handles, on average, a volume of 250,000 cases per year, around 45% of which are divorces, and an additional 11% of which are matters related to child support or alimony payments, Statistics Canada data shows. The vast majority of these cases—around 75%—are uncontested, however, alluding to a significant over-utilization of the system itself, and a desperate need for access to alternative resolution methods.
The lasting impacts of these proceedings can be prolonged and severe. Children are especially vulnerable in these situations, as they may not fully understand the proceedings and may have concerns about their family and their future that are not easily explained.
There are, however, several viable alternatives to family court proceedings, as Ontario-based Pace Law Firm explains. These other forms of mediation offer several benefits, including affordability, confidentiality, increased control over the outcome of the proceedings, and overall reduced stress throughout the process.
The first alternative method of dispute resolution, mediation, involves a third party acting as a moderator to help the two parties reach a mutually agreed upon arrangement. Those pursuing a less adversarial and emotionally fraught solution to their family matters can do so in mediation, which also typically resolves much faster than litigation.
Arbitration, on the other hand, functions similarly to a court hearing, with a third party ultimately issuing a legally binding decision on the case matters. Unlike a hearing, however, arbitration remains entirely confidential, an ideal solution for those who cannot reach a decision through mediation, but who still wish to avoid a court hearing.
Pace Law Firm emphasizes that these forms of alternative conflict resolution may not be suitable in all situations, however. High conflict situations, for example, are best settled in court, given the extra protections available there. Situations where parties cannot agree on the basic terms of the mediation proceedings also must be settled in a traditional court hearing.
Regardless, those pursuing any family matters in the legal system should always seek qualified representation to ensure the right decisions are being made at every step, and that one’s interests are being accurately represented.
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Pace Law Firm
City: Toronto
Address: 191 The West Mall
Website: https://pacelawfirm.com