We are re-posting here an updated version of a post from 2012.
This is the age of mass media - TV, video, Facebook, Twitter, Netlix. An average person's view of the world is greatly affected by what media portrays and pushes on the consumer. This includes the public's perception of court and the legal system in general.
For example, TV shows and movies teach that legal battles are waged in the court room, with fist-pounding lawyers and finger-wagging judges. In fact, some of the battle is fought in front of the court, in press skirmishes where reporters (and the viewers) have a chance to see lawyers expound on the merits of their clients' cases, sometimes with a "we will show you" attitude.
Reality is not what you see on TV. There are no surprise witnesses (our justice system does not allow for them) and polygraph tests have very serious limitations, particularly in family law.
What you also do not see in the media-packaged versions of court and the legal system are the tremendous costs involved in conducting a court case, from start to finish.
A family court proceeding in Ontario can be an expensive, drawn-out process, for a variety of complex reasons over some of which you will have control and many of which you won't.
Going to court is not the panaceum, be-all-end-all solution you may think it is.
There are cases/situations where the involvement of a Judge is necessary to move the case forward. When parties are stuck on a legal issue/principle and cannot reach a compromise, a Judge's view of the legal issue may be necessary to break the log-jam. Sometimes, the intervention of a Judge is required to address an emergency situation like the abduction of a child or non-payment of support.
Overall, however, settlement is always the preferable solution. Despite a commonly-held perception, negotiation and settlement is not a sign of weakness. It is a sign of strength and maturity on the part of both parties that continued conflict and entrenchment is emotionally draining and expensive.
Settlement is usually the best outcome for all concerned, assuming the parties both understand their legal rights, are making the bargain freely and without pressure or duress, understand the basis of the bargain through solid disclosure and have had an opportunity to get legal advice.
In the end, settlement polarizes the parties less than does a court case, where there is sometimes a clear winner and a clear loser (perhaps not of the entire case but issue by issue).
In a settlement, the parties are the authors of the terms of their agreement. They have "ownership" in the outcome. This is the opposite of what happens in Court (other than in the context of a case which settles through Case Management) ~ a stranger to your family (the Judge) makes decisions for you and your family. These outsider-decisions may very well affect you and your children for the rest of your lives.
For the reasons above (and many other reasons which a family law lawyer can provide you) choose settlement if you can.
WE are ABLE to help. We are great proponents of mediation, for example, and have worked with many mediators in Ontario.
This is the age of mass media - TV, video, Facebook, Twitter, Netlix. An average person's view of the world is greatly affected by what media portrays and pushes on the consumer. This includes the public's perception of court and the legal system in general.
For example, TV shows and movies teach that legal battles are waged in the court room, with fist-pounding lawyers and finger-wagging judges. In fact, some of the battle is fought in front of the court, in press skirmishes where reporters (and the viewers) have a chance to see lawyers expound on the merits of their clients' cases, sometimes with a "we will show you" attitude.
Reality is not what you see on TV. There are no surprise witnesses (our justice system does not allow for them) and polygraph tests have very serious limitations, particularly in family law.
What you also do not see in the media-packaged versions of court and the legal system are the tremendous costs involved in conducting a court case, from start to finish.
A family court proceeding in Ontario can be an expensive, drawn-out process, for a variety of complex reasons over some of which you will have control and many of which you won't.
Going to court is not the panaceum, be-all-end-all solution you may think it is.
There are cases/situations where the involvement of a Judge is necessary to move the case forward. When parties are stuck on a legal issue/principle and cannot reach a compromise, a Judge's view of the legal issue may be necessary to break the log-jam. Sometimes, the intervention of a Judge is required to address an emergency situation like the abduction of a child or non-payment of support.
Overall, however, settlement is always the preferable solution. Despite a commonly-held perception, negotiation and settlement is not a sign of weakness. It is a sign of strength and maturity on the part of both parties that continued conflict and entrenchment is emotionally draining and expensive.
Settlement is usually the best outcome for all concerned, assuming the parties both understand their legal rights, are making the bargain freely and without pressure or duress, understand the basis of the bargain through solid disclosure and have had an opportunity to get legal advice.
In the end, settlement polarizes the parties less than does a court case, where there is sometimes a clear winner and a clear loser (perhaps not of the entire case but issue by issue).
In a settlement, the parties are the authors of the terms of their agreement. They have "ownership" in the outcome. This is the opposite of what happens in Court (other than in the context of a case which settles through Case Management) ~ a stranger to your family (the Judge) makes decisions for you and your family. These outsider-decisions may very well affect you and your children for the rest of your lives.
For the reasons above (and many other reasons which a family law lawyer can provide you) choose settlement if you can.
WE are ABLE to help. We are great proponents of mediation, for example, and have worked with many mediators in Ontario.
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