Resolution Options

Finding the Right Approach for Your Matter

One of the most important decisions in a family law matter is how you resolve it. There are several options available, and the right approach depends on the nature of the issues, the level of cooperation between the parties, and the urgency of the situation.

We believe in exploring every reasonable avenue for resolution before turning to the courts. However, we also recognize that litigation is sometimes necessary, and we are fully prepared to advocate for you in court when the circumstances require it.

Negotiation

Negotiation is often the first and most common method of resolving family law matters. It involves the parties (usually through their lawyers) communicating offers and proposals to try to reach an agreement.

Mediation

Mediation involves a neutral third party (the mediator) who helps the parties communicate and work toward a resolution. The mediator does not make decisions or take sides — their role is to facilitate productive conversation.

In BC, mediation can be:

• Voluntary — chosen by the parties
• Court-ordered — directed by a judge, often as a step before trial
• Lawyer-assisted — where each party has their own lawyer present during mediation sessions

Mediation can be effective for many types of family law matters, including parenting, support, and property. It is typically less expensive and less adversarial than court. However, mediation is not appropriate in all cases, particularly where there is family violence, significant power imbalances, or a party is not participating in good faith.

Collaborative Family Law

Collaborative family law is a structured process where both parties and their lawyers commit to resolving the matter without going to court. All parties sign a participation agreement at the outset, and the process involves a series of four-way meetings.

The key feature of collaborative law is that if the process breaks down and the parties need to go to court, both lawyers must withdraw and the parties must retain new counsel. This creates a strong incentive for everyone to work toward resolution.

Collaborative law may involve other professionals such as financial specialists, child specialists, or coaches to help address specific issues.

Arbitration

Family law arbitration is a private process where the parties agree to have a neutral arbitrator (often a lawyer or retired judge) make binding decisions about their dispute. It is similar to a trial in some ways but is typically more flexible in scheduling and process. Arbitration can be useful when the parties want a decision but prefer a private, faster alternative to the court system.

Litigation

When other approaches have not succeeded or are not appropriate, litigation may be necessary. Litigation involves making formal court applications, presenting evidence, and having a judge make decisions.

Litigation is sometimes the only realistic option, including when:

• The other party is not engaging in good faith
• There are urgent safety concerns
• There is a significant power imbalance that cannot be addressed through other processes
• The parties fundamentally disagree on key issues and need a decision from the court
• One party is hiding assets or being dishonest about their financial situation

We are prepared to advocate effectively in court when that is what your situation requires, including interim applications, settlement conferences, and trials in both Provincial Court and Supreme Court.

How We Help You Choose

During the consultation, we discuss your situation and help you understand which resolution options are available and appropriate. We consider factors like the level of cooperation between the parties, the complexity of the issues, your priorities, your budget, and any safety concerns. Our goal is to help you find the most effective and efficient path to a fair resolution.