Family Law: Negotiation, Mediation and Litigation

Haxell Law has been a busy family law practice for over 20 years. During Mr. Haxell’s time practicing, the great majority of our family law files were settled out of Court. Of those that ended up in Court, 9 out of 10 were settled at or shortly after we reached the first stage of the Court process; the Case Conference. Very few cases have required Motions. Few are still required Trials. Why? There are three main reasons for this.

Firstly, we have the experience to advise you as to what will likely happen on a motion or at a trial. With that knowledge in hand, we can strategize to obtain the same result without incurring the cost of arguing the issue.

Secondly, we pride ourselves on our negotiating skills. Whether it be through effectively written letters, or by way of settlement meetings with counsel and clients present, we do seem to get our clients results.

Thirdly, because of our combined experience in Court, your soon-to-be ex-spouse will be advised by his or her lawyer that if the matter is not settled out of Court, an Application will be forthcoming. If you feel the major obstacle to moving on with your life is your ex’s intransigence on an issue that you are not prepared to concede, it is important that you retain a firm that has a history of litigating that issue. Your ex must know from the outset that stubbornness will not lead to victory.

Quite often we are asked if our solicitor can act for both you and your spouse in drawing up a Separation Agreement that reflects what you have agreed upon. There was a time when this was done by counsel, but we have become a more litigious society. Mr. Glas cannot meet with both you and your soon-to-be ex-spouse and draw up a Separation Agreement for you based on what you and your spouse tell us, unless he is acting as your mediator. What Jameson can do is meet with you for the purpose of drawing up a Separation Agreement that we will then present to your soon to be ex-spouse for his or her review and hopefully, signature. We will strongly recommend that your ex-spouse obtain independent legal advice before signing the Agreement, as it is in your interest that the Agreement not be set aside in the future for a lack of understanding or fairness. The cost of preparing the draft Separation Agreement will be based upon the time that our solicitor spends drafting it, which of course is dependent on the issues that have to be addressed and their complexity. However, if you and your soon to be ex have come to an Agreement on all of the issues arising from your separation, this is the least expensive way of incorporating that agreement into a legal Separation Agreement.

Please feel free to call Jameson to discuss how we can best to help you with the family law issues that you have.

Created by

Legal notice