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Avoiding Court

(because that's what all the cool kids are doing)

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Whether you are going through a divorce or separation, we understand that the last thing you need is an expensive, time consuming, and beyond stressful court experience. The best way to avoid this is by avoiding court in the first place. This is why you may want to use the court as your last resort. For that reason, whenever possible, at Pathway Legal, we believe that court is the last option when dealing with your family matter. What is important however, is that you make the right choice when choosing a lawyer. Here's how to find the best divorce lawyer.

Although taking your case to court can in some cases be necessary, we would rather utilize other dispute resolution processes to get you the outcome you desire whilst limiting increased costs, stress and time that is associated with the litigation process.

Video: the benefits of avoiding court

Other Dispute Resolution Processes are great for the following reasons: 

  1. Well suited for those parties whose wish is to preserve their future relationship with the person they are in dispute with
  2. Focused on finding a mutually beneficial agreement for both parties
  3. More efficient, economical and arguably more conciliatory than the alternative
  4. Flexibility in process appeals to those who find themselves caught up in a quickly escalating civil disagreement…Simply put, it can give you some time to catch your breath
  5. It can make the process less adversarial, specifically when children are involved

What are the Dispute Resolution Options?

Mediation:

Mediation is a legally binding alternative to going to court that is also affordable, flexible and confidential. It is the process whereby a neutral third party (the mediator) assists two or more parties to explore and find common-ground solutions to issues in dispute between them. Family mediation is used to resolve all aspects of family disputes including separation, divorce, parenting arrangements, support, and property division. If an agreement is not reached on any or all of the issues, the parties are at liberty to proceed to court or may wish to consider arbitration.

Arbitration:

Arbitration is a more formal process than mediation. The end result of arbitration is an award, which is final and binding on both parties. Participants may bring legal counsel to advise them through the process if they wish, although this is not required.

Mediation Arbitration aka Med/Arb: 

Med/Arb is a process that combines both mediation and arbitration, which ensures that in the event mediation fails on one or more issues, the parties will continue working with the mediator who will then arbitrate any remaining issues. Med-arb has some of the advantages of both mediation and arbitration. Participants have the possibility of resolving the conflict by mutual agreement, but failing that, participants have the certainty of resolution by the binding decision of your med-arbitrator.

If you are someone who wants advice about avoiding court and the alternatives to court, Pathway Legal is here to help. 

The whole team at Pathway Legal has your back. We will guide you and your changing family’s circumstances to the new beginning you deserve.