Litigation

Divorce Litigation

In the last few decades, alternative dispute resolution (ADR), which includes collaborative law, mediation and arbitration, has been touted as a much better option than the court system when it comes to resolving legal problems, especially in family law. It is said to be faster, cheaper and more flexible.


However, ADR is not appropriate for everyone. At MacDonald & Partners LLP, we believe in finding the best solution for each client, regardless of what's currently in fashion in legal practice.



We also believe that court can be made to work for you.

Resolving Outstanding Issues & Moving On

 

Our Toronto divorce litigation lawyers will carefully examine your unique situation and help you decide the best option to get you and your family the results you need.


A variety of considerations may make litigation a better option for your separation or divorce:


  • TRUST: At heart, the ADR process requires cooperation and only works when both sides are honest and forthright. If your relationship has been characterized by lack of trust, especially at the end, it may be impossible to set that aside and make ADR work for you.

  • FINANCIAL MATTERS: Full disclosure of financial matters is required in ADR. However, without the trappings of the formal court system, some people believe that ADR is not as "serious" and may be tempted to treat the process with less respect than it deserves and not disclose everything.

  • ABUSE OR MANIPULATION: There may be a power imbalance between the partners. The court system may provide a much better buffer between them and protect the more vulnerable partner.

  • UNSOLVABLE PROBLEMS: Some issues simply cannot be solved through cooperation, such as custody disputes involving relocation of a parent with the children.

  • TRANSPARENCY: Many ADR processes are by necessity private. You may prefer the security of knowing that any decision made in your case will be publicized and subject to public oversight.

  • COST: On occasion, it may be cheaper to go through the court system, especially if your case requires extensive participation by a mediator or mediator/arbitrator as well as a number of other professionals.

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