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Avoiding court through family mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, January 7, 2015.

Canada’s Family Law Act that became effective in March 2013 may provide a greater ability for family disputes to remain out of the courtroom. The law provides for out-of-court action through mediation to resolve family disputes associated with divorce proceedings. Although a decision to go to mediation might be mutual, in some venues, one party can force mediation by serving notice on another.

As mediation is explored, projects are underway to promote this method of resolving differences. For example, the Legal Services Society has piloted a mediation referral project. This may benefit low-income individuals who might not be eligible for legal aid, allowing them to obtain services related to mediation. The provision of six hours of mediation assistance may be subsidized with additional services at low costs if the six-hour period is insufficient to resolve all disputes. Costs for additional services are to be computed based on a party’s assets and income.

Leaders indicate their appreciation of this method because it involves families in formulating solutions and resolving their own disputes. Additionally, the costs are much lower than those associated with going to trial. Mediation is estimated to cost less than $2,000 total, shared among all parties, whereas a family case can cost nearly $15,000 per party. Leaders express hope that the process will spread to outlying communities, but there are obstacles in finding resources and qualified professionals to provide these services. Statistics for 2013 note that all issues were resolved in approximately 80 percent of cases.

An individual dealing with a divorce may find that mediation is an affordable option for addressing child custody, spousal support and property division. Legal assistance might be helpful during such proceedings to ensure that implications of various decisions are thoroughly understood before a final agreement is made.

Source: Vancouver Sun, “Ian Mulgrew: Family mediation keeps divorce out of the courtroom “, Ian Mulgrew, January 01, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Is an uncontested divorce right for me?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, November 13, 2014.

Some British Columbia residents might not be aware that an uncontested divorce is more easily resolved than a contested divorce. The reason being that the spouses in an uncontested divorce essentially agree to the terms of a settlement without the intervention of a court.

Also called an undefended divorce, an uncontested divorce requires that both spouses are, for the most part, in agreement about the major matters that need to be resolved when a marriage is dissolved. These include asset division, spousal support and child support.

In an uncontested divorce, spouses must agree on nearly every aspect of the divorce as well as on the divorce itself, meaning that one partner cannot hold reservations about going through with the dissolution. Yet, an uncontested divorce is not necessarily synonymous with an easy divorce. For, the divorce-related matters still require settling.

For instance, divorcing couples must decide on how they will divide their debts between themselves. Parenting agreements must also be made, especially with regard to custody, visitation and financial support.

All divorces, including the uncontested type, demand a significant degree of planning. For example, there are residency requirements that must be met. To file for divorce in British Columbia, it is required that at least one spouse has lived in the area for a minimum of one year. If there are disputes about assets, liabilities, child care or any other significant issue, an uncontested divorce may not be possible.

Regardless of how simple a divorce may appear to be, there is no guarantee that it will be easy. For this reason, spouses considering a divorce often rely on the counsel and representation of a divorce lawyer, who may help individual spouses obtain fair and even favorable settlements.

Source: Family Law in British Columbia, “How to do your own undefended (uncontested) divorce“, November 11, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Why would a plaintiff need a mediator?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, November 3, 2014.

Mediation has been used in British Columbia to settle legal disputes for over 20 years. When a judge is called upon to decide these matters, both parties must live with the decision. Mediation allows all parties to remain involved until a consensus is reached. When mediation is entered, an independent third party is appointed to help the disputing parties negotiate. However, unlike a judge, this mediator has no authority to decide matters.

Mediation may be a worthwhile approach for a couple going through a divorce. Emotions can run high during negotiations over matters such as property division, and the detached viewpoint of an independent mediator could allow spouses to find common ground where none seemed possible.

A divorcing couple may also consider mediation when a dispute arises over child custody or visitation. The combative atmosphere of a courtroom could extinguish any remaining chances of an agreement being reached, and a protracted custody battle may cause the child long-lasting emotional damage. While court proceedings generally concentrate only on the legal rights of the parties involved, mediation encourages a broader discussion of needs and interests. Resolving custody and visitation disputes through mediation may also allow parents to have an amicable relationship once these matters are settled, which could be of great value to the child.

Going through a divorce is rarely easy, and the emotional pressure sometimes leads to questionable decisions being made. A lawyer with experience of divorce cases will likely understand the strain that spouses are feeling, and they may be able to suggest strategies, such as mediation, that allow the atmosphere to become less contentious and more productive. However, if this approach does not lead to an agreement, a lawyer could advocate vigorously in court on behalf of their client.

Source: British Columbia, “Family Mediation“, October 30, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Real Housewives’ divorce underway

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, July 3, 2014.

Drama filled a Canada courtroom as one of the stars of Real Housewives of Vancouver testified in a divorce case. Jody Claman provided testimony for several days during the divorce trial that endured two weeks. Specifically, she was asked questions about her income, assets and spending.

Claman was married to a mining executive. He filed for divorce in 2013. While the show lasted for only two years before being cancelled in 2013, Claman provided information regarding her income that she earned on the show. She said that she received $800,000 for the two seasons in which she appeared on the reality show. She told the media outside court that she was being sued for half of her assets, spousal support and child maintenance. She had to answer questions about how much of her earnings were derived from her daughter’s clothing store and how much members of her staff were paid.

Her present financial state is reportedly in stark contrast to the income she was yielding while on the reality show. She testified that she was currently in $148,000 of debt. She reported her monthly expenses at $50,000 which allegedly include three monthly mortgage payments and $6,000 for monthly credit card payments. She said that she had not yet earned any income in 2014 and that she wanted to run her catering company again. However, she reported that she lacked the necessary funds for equipment.

Individuals who are concerned that divorce may be looming in their future may opt to discuss their case and options with a family law attorney. In some cases, individuals can settle a dispute instead of litigating it in order to avoid the expense, time and lack of privacy that a trial might entail.

Source: The Province, “Real Housewives’ divorce trial plays out like, well, a reality TV show”, Susan Lazaruk, June 28, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

The role of mediation in divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, June 6, 2014.

The British Columbia Supreme Court and Provincial Court hear many cases related to matters of family law, but many people are unaware that such disputes can also be resolved without litigation. Mediation is often a viable alternative to litigation in a divorce situation, and the process is able to emphasize the interests of both parties.

Litigation is inherently adversarial, creating an atmosphere that suggests a zero-sum game. However, in many family law disputes, both parties may benefit more from compromise and negotiation, and the win-win appeal of mediation promotes such discussion. Moreover, since the costs of mediation are typically paid equally by the participants, it may be a more economical alternative to traditional divorce.

In cases where mediation successfully settles a dispute, a written agreement will be drafted then might be presented to the court for review. The agreement will essentially act as a contract between both parties. In the event that one party violates the terms listed in the document, the other party will have the option of either amending it or compelling the other’s compliance through the court. In addition, it is possible to resolve some facets of a dispute through mediation and others through the court process if some issues prove difficult to negotiate.

While it is not strictly necessary to retain the services of a lawyer to participate in mediation, it may be helpful to do so in some cases, particularly if the issues being discussed are somewhat complicated. Moreover, a lawyer may review the terms of an agreement that has been reached before it is signed and offered to the courts. Since the mediated agreement will likely be treated as a binding contract, it is important to try to ensure that its terms are not wholly disadvantageous to the signing parties.

Source: Ministry of Justice, “Family Mediation“.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370