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Negotiation

 

Negotiation

Negotiation has been described by the Canadian Department of Justice as the “preeminent mode of dispute resolution” -  which is hardly surprising given its presence in virtually all aspects of everyday life, whether at the individual, business, institutional, national or global level.

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Family Law Negotiation

Negotiation in a family law context is a non-adversarial method whereby you and your spouse can try to resolve your legal issues without going to court. You can negotiate one on one, with or without the involvement of your lawyers. The goal is to negotiate until you can reach a mutually acceptable solution in the form of a written agreement that both you and your spouse are prepared to sign. 

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Why Negotiate?
Negotiations may be used to resolve an existing problem or problems, and/or to lay the groundwork for the resolution of future issues. Negotiation is a very efficient and cost-effective way to reach a mutually agreeable settlement of family law matters.

 

Negotiations Are Not Part of the Public Record

Negotiations between you and your spouse remain private. They are not part of the public record, can not be accessed by the general public, and are therefore shielded from media scrutiny.

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How Does Negotiation Start?
Negotiations can begin any time you and your spouse voluntarily agree to work together to try to resolve your legal issues. 

 

How Do Negotiations End?
Negotiations are voluntary and either end when a settlement is reached or when either you or your spouse withdraw from the negotiation process without a settlement.

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When Does Negotiation Work Best?
Negotiations in a family law context work best when there is a good level of cooperation between you and your spouse, when you have a mutual desire to settle your legal dispute out of court, and have a sincere wish to maintain an ongoing relationship after separation and divorce. 

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Pitfalls of Negotiation
Negotiation can prove to be a waste of time. Your spouse can withdraw at any time for any reason, and if that happens all of the time, energy, and (if professional third parties have been involved) money you may have invested in the process will have been wasted. There's also the risk that your spouse may be negotiating in bad faith in order to delay the legal process. If your spouse has a history of game playing or counter productive behavior, entering into negotiations may not prove to be beneficial.

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Is negotiating family law issues right for you? Call 1-888-341-5889 
 24/7 and speak directly to a lawyer about the advantages and disadvantages of entering into negotiations in your particular circumstance.  The Initial Consultation is always FREE.
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Read what our clients have said about us*:

 

My case was handled with great professionalism and expertise. In our first meeting, they took the time to explain to me what exactly I was facing and gave me a breakdown of the legal system and what I could expect going forward. This instantly put my mind at ease since they were so knowledgeable about the legal system. Throughout the process, the team did an outstanding job keeping me up-to-date and clearly outlined what the next steps would be. 

A.M. (Brantford ON)

*Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.

Involved in a Contested Divorce?
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