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| Litigation
Mediation
and/or negotiation can
reduce your costs significantly and generally lead to
a more satisfactory resolution of the problems. Occasionally,
however, it is necessary to involve the family law courts
and have a judge decide the issues. If litigation becomes
necessary I will discuss the costs and the process thoroughly
with you before proceeding.
Litigation means placing your issues before
either a Provincial Court Judge or a Supreme Court Judge
for a decision. In BC the Supreme Court Rules of Court
have recently been revised to require anyone who wishes
to use the courts to have a meeting with a Judge prior
to bringing an application before the court. This meeting
is called a Judicial Case Conference and it is attended
by you, your partner and both lawyers. The Judge will
talk to you and your lawyers in an informal setting
and attempt to help you resolve your issues. Often the
Judge will tell you their opinion regarding the likely
outcome if you do proceed to court. These meetings are
extremely helpful and often result in a settlement of
the issues, but if settlement is not reached the matter
will proceed to trial.
If a trial is necessary we will set a
trial date and discuss the cost of pursuing a trial
in detail. We will also discuss the possibility of setting
an interim application which will provide temporary
relief until the trial is heard. A trial will typically
be approximately one year from the date it is set but
if the issues are not complicated it may be heard sooner.
As the litigation process is complicated
and often stressful I always stay in close contact with
you throughout the process. I will do everything I can
to ensure that you have a good understanding of the
process and all of the issues so that together we can
make good decisions and achieve a good result.
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