When spouses separate the first thing they should do is to attempt to resolve all of the issues arising from their separation by some form of negotiation. This may be simply working out a settlement with the other spouse or it may involve a four-way meeting with their lawyers, a mediation, or a collaborative law process. If all of their attempts to resolve the issues fail then a court action may be commenced.
The first step is to prepare and file a Notice of Family Claim and serve it on the other spouse. That spouse then has 30 days to file a Response. Once the Response has been served, a Judicial Case Conference (JCC) is set which is a meeting with the spouses, their lawyers and a judge. The judge will act as a mediator and attempt to resolve the outstanding issues. It usually takes approximately two months to obtain a date for a JCC. At the JCC the Judge will only make an order if all of the parties agree.
Only when the JCC has been completed can a spouse apply for a court order.
FAQ
1) What is a four-way meeting?
A four-way meeting is a negotiation session with the two disputing parties (for example, spouses who have separated) and their respective legal counsel. The purpose of the meeting is to set out the issues arising from the separation and try to come to an agreement on how to resolve them.
2) What is a mediation?
Mediation is a method of resolving a family law dispute where a neutral third party acts as a mediator to help the parties come to a mutually acceptable agreement. The mediator does not make decisions for the parties but helps narrow down the issues and explore solutions. Often the parties and each of their respective lawyers will be present during a mediation.
3) What is collaborative law?
Collaborative law is a legal process in which parties in a dispute work together with their own lawyers to resolve issues without going to court. Collaborative lawyers are specially trained and in Victoria, must be a member of the Collaborative Family Separation Professionals group to participate (Deborah Todd is a current member). All parties agree to resolve the dispute outside of court and if the issues cannot be resolved, both collaborative lawyers must withdraw and new lawyers must be hired. Learn more at www.collaborativefamilylawgroup.com.
For more information on The Negotiation Process in Victoria, BC, contact Deborah Todd Law or view her specialities in wills and estates.
