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Services
I understand that separation is a time of transition for all members of your family. You, your partner and your children may be experiencing feelings of loss, anger, anxiety or guilt. Suddenly, your life as you know it, is in turmoil.
I know I can help you get beyond this difficult period in your life.
- In my experience, separation and divorce does not have to be nasty.
- It doesn’t have to be so hard on your children.
- It doesn’t have to bankrupt you, or take forever to get resolved.
Besides going to court, there are other ways to resolve the issues after separation.
Yes, you do have choices.
These options are also available to those who are already in the court process, but desperately want their case resolved.
Without ever stepping inside a courtroom, I can also help you and your former partner change an existing separation agreement or court order.
After 25 years in practice, I have seen first hand how destructive the court process can be upon all members of the family, especially the children.
So why not consider one of these other alternatives?
Family Mediation
Mediation is a voluntary
alternative dispute resolution process.The Mediator is a neutral third party who helps guide the couple through their settlement discussions.
Prior to the first mediation session, the Mediator will conduct Screening Interviews of each party/individual to determine if mediation is appropriate for their family.
The mediator will help the parties:
- Define their individual needs and concerns
- Address any issues of financial disclosure
- Create different options to consider
- Provide general legal information
(eg. Child Support Guidelines) - Work out their own settlement
Negotiation
The process of negotiation involves two lawyers. Each one is retained independently by one of the parties. It is the lawyer’s job to advise his or her own client regarding their rights and obligations and to protect their interests according to the law.
- Negotiation may be conducted by the exchange of letters and documents between counsel. In my experience, this can take weeks or months for the parties to reach a settlement.
- Alternatively, the lawyers and their clients may agree to attend a 4-way settlement meeting to discuss resolution of the issues.
- Either way, resolving a family law matter by negotiation is certainly more desirable than going to court; however, it is generally more expensive than mediation because two lawyers are involved in the process from beginning to end.
- If an agreement is reached, one of the lawyers will draft the legal document to make the agreement binding.
- If no agreement is reached, the parties still have the option of retaining the SAME lawyers to represent them in court.
Collaborative Family Law
This process is similar to the process of negotiation, as each party retains his or her own lawyer independently. However, the parties and their lawyers commit in writing to work together without the threat of going to court. They agree to work in a collaborative manner to achieve a settlement in order to avoid litigation.
However, there is one very significant difference between negotiation and collaborative law. If the collaborative process does not result in a resolution of the issues, then both parties must retain NEW lawyers to represent them if they decide to go to court. Because it is very costly for the clients to start all over again with a new lawyer, the collaborative process gives both parties a financial incentive to settle.
If the parties are successful in reaching an agreement, one of the lawyers will draft the legal document to make the terms of their settlement binding.
By not going to court, the clients have the ability to determine their own outcome. However, this process tends to be more costly than mediation because two lawyers are involved from beginning to end.
Fees
General Fees
- The amount of the retainer will vary from case to case, depending upon the number of issues to be resolved and their complexity.
- Payment may be made by CASH,
cheque or electronic funds transfer. - Legal Aid, credit cards & debit
are NOT accepted. - Fees for consultations and intake appointments are payable up front.
- Following the initial consultation or intake, all clients are required to sign either a Retainer Agreement or an Agreement to Mediate.
Consultations vs. Intake Sessions
A consultation is an information session. I will answer any questions which you may have about any of the services I provide and my fees.
If you have questions about Mediation, you and your partner may attend a joint consultation. Otherwise, if you are not interested in pursuing Mediation, consultations are conducted on an individual basis, with only one of you.
At the intake session for Mediation, I will conduct a mandatory screening to determine if your case is appropriate for Mediation. If your case proceeds, then a formal retainer arrangement is made at the first joint session.
At the intake session for Negotiations or Collaborative Family Law, I will obtain the necessary information from you about your situation. If your case proceeds, then a formal retainer arrangement is made at the conclusion of that first appointment.
Kelly P. Edmonds
BA, LL B, AccFM (OAFM)
Family Law Lawyer and Mediator