Frequently asked questions about my practice areas

What will Lorraine do?

Listen to you attentively with understanding and respect
Help you focus on what’s important to you and your family
Help you identify your needs, wants, concerns, and goals
Help you communicate, understand each other’s interests, and negotiate areas of disagreement
Help you bring options to the table and find solutions that work
Help you arrive at mutually acceptable agreements to resolve your matters peacefully
Give you independent legal advice and opinion when acting as your lawyer in the collaborative law process
Draft your Agreements and other documents, as applicable
Offer knowledge, skills, and years of experience at competitive rates to keep your legal costs manageable

What are the ways to work on a peaceable settlement?

Collaboration, mediation, and arbitration are all voluntary, alternative dispute resolution processes in place of going to Court. To begin, the parties sign an agreement to enter their chosen process.

A previous legal agreement made by the parties can require them to try one of these processes to resolve a dispute before going to Court or mediation can be mandated by the Court.

The new Divorce Act and the Rules of Court encourage parties to first try alternative dispute processes to settle their matters before taking them to Court.

Why should I choose any of these processes?

This is an emotionally difficult time. Decisions you make on your own can have legal implications. It’s best to get legal advice and information early on to help you choose a process, such as collaboration, mediation, or arbitration, to resolve your separation, divorce, and property matters. This can avoid costly mistakes and unintended results.

How much will this cost?

The cost will depend on:

How many different matters and issues there are to resolve
How much time and the number of meetings it takes to agree on the matters
The type of process you choose to reach your peaceable settlement
The complexity of your matters
Whether additional professionals are needed to help you resolve your matter, such as divorce coaches, financial and accounting professionals, child and parenting specialists
The professional rate of the lawyer, mediator, or arbitrator

What will it cost if I don’t choose one of these peaceable ways to settlement?

The high cost of not settling your matter can include:

Prolonged stress and adverse effects on your health and wellbeing
Harmful impact of conflict on you and your children
Needless confusion or arguments with your spouse over money, parenting, and time with your children
Uncertainty about your finances
Inability to deal with your assets, debts, and expenses
Lack of closure and ability to move forward with your future
Huge litigation costs and long delays
Complex court procedures and rules
Depletion of financial resources, along with physical time and energy
A court decision which neither party views as a “win”

How do the costs of collaboration, mediation, or arbitration compare?

Mediation can be less expensive because the parties share the cost of the mediator and the document which records their agreement. There are additional costs for the required independent legal advice and divorce documents prepared by the lawyers.

Collaboration can also be cost-effective as the lawyers are with the parties throughout the process to give legal advice and prepare the documents. Additional team members can even result in lower costs as financial and family professionals contribute their specialized expertise and work is distributed among the team members.

Arbitration can be considerably less expensive than litigation. Cost depends on the number of and complexity of issues to be decided, amount of evidence and time for hearings, and the time for the arbitrator to decide the issue(s) and prepare the written decision. Sharing the cost of the arbitrator and self-representation reduces expense for parties. Overall, costs can be similar or more expensive than mediation or collaboration.

How long do these processes take?

Every family, their situation, and their circumstances are unique
These processes are efficient because they are much more direct and hands on
The process can begin when the collaborative family lawyers, mediator, or arbitrator have been retained
The time needed to resolve the matter depends on its complexity, the number of issues to resolve, and the amount of financial information
The time needed is also affected by the parties’ emotional readiness to settle, preparedness for meetings, and ability to work together
It usually takes several months to a year, but it can be shorter or longer
These processes take considerably less time than litigation, which can be long and drawn-out taking years to complete

What do I need to do for collaboration or mediation?

Be honest and negotiate in good faith
Be willing to fully and accurately disclose your assets, debts, income and other information that is relevant to what needs to be resolved
Be willing to cooperate and participate in open communication in meetings
Have a genuine desire to settle and get past this difficult situation in your life
Be willing to do what is best for your children

Do I need a lawyer to be able to collaborate, mediate, or arbitrate?

In collaboration, lawyers are with you throughout the process to provide you with legal advice, guidance, and support. You will also hear their opinions on legal issues which are not black and white and on which they disagree. Lawyers will prepare the legal documents you need to carryout your agreement.

In mediation, generally lawyers are not present during mediation sessions but may be in more complex cases or if the parties so choose. Each party will need to retain their own lawyer to give independent legal advice outside of the mediation process and must do so as a legal requirement before signing the final agreement.

In arbitration, lawyers may prepare and present their clients’ cases to the arbitrator, examine witnesses, research the applicable laws, and advocate for their clients. Parties can choose to do this on their own without a lawyer. In that case, they’ll be directed by the arbitrator on the procedures to follow for a fair hearing.

Do I need other experts or professionals?

In collaboration, financial and family professionals may be included as part of the team. Other experts may be needed to provide information that helps the parties resolve the issues, such as neutral business valuators, appraisers, or child counsellors.

In mediation, the parties can choose to jointly retain other experts for this same purpose.

In arbitration, when information from an expert is needed, either of the parties can choose to retain their own expert, or the arbitrator can direct them to do so.

What if I don’t get along with the other party? Will any of these processes work?

Yes, these processes are designed to minimize conflict, provide a respectful environment in which the parties can be heard, and facilitate communication and understanding between the parties. They provide opportunity to settle matters peaceably.

What if I don’t agree with what the other party wants?

In collaboration and mediation, the parties control their own decision making and the outcome. With the assistance of their lawyers or mediator, both parties work to come up with ideas and options that meet each of their needs, interests, and goals. This can lead to a solution that works for both parties. In arbitration, the arbitrator will hear from both parties and review any written materials in order to make a decision based on the facts, evidence, and law.

What if I can’t settle everything in mediation or collaboration?

Parties can either agree to enter into arbitration to decide the remaining issues or choose to go to Court.

If I started in Court, can I switch to one of these non-Court processes?

Yes, in fact, the Court encourage parties to try these processes to resolve their matters. Court dates and procedures can be put on hold to allow time for the parties to be in mediation, collaboration, or arbitration.

If we have agreed on most things but need help with some, can we still use any of these processes?

Yes, it’s possible to retain the collaborative lawyers, mediator, or arbitrator to help you resolve and settle those remaining matters. These professionals can also help you review your entire your agreement and let you know if any important considerations are missing.

What is a settlement agreement and why do I need one?

A Settlement Agreement (also known as a Separation, Minutes of Settlement, or Divorce and Property Agreement) is a legally binding contract created between parties which sets out their legal rights and entitlements and the terms which they agreed to related to their separation, parenting plan, child and spousal support and/or property.

It’s their final settlement that is relied upon to avoid conflict, confusion, and uncertainty. Some of the terms from the Agreement are incorporated into the divorce documents.

There’s a legal requirement that the parties must have their own independent legal advice on the terms of their Agreement before signing it.

Most of the work to settle divorce and property matters is in coming up with this Agreement. That’s why it’s so important to choose a process early on, such as collaboration or mediation, in order to get to a “win-win” agreement that’s arrived at peaceably in an efficient, time-saving, and cost-effective way. Arbitration is not often needed but is an available process for matters not resolved in these other processes.

How will my collaboration, mediation or arbitration meetings take place?

The meetings will be online through video or audio conferencing, which has these advantages:

Reduces anxiety, stress, and conflict by being apart
Enables each person to be in their own comfortable location
Saves travel time and transit/parking expenses
Accommodates tight and busy schedules
Convenient when the parties live/work apart geographically
Provides enhanced safety and physical distancing

*In-person meetings in the office are not being offered currently due to COVID-19 and physical distancing restrictions.