Adversarial System in Canada
Each party, represented by their respective lawyers
In family law, the adversarial system is often used in disputes such as divorces, child custody battles, and alimony or child support disagreements. Each party, represented by their respective lawyers, will present their case, providing evidence to support their positions.
As a Certified Divorce Financial Analyst (CDFA), I would be crucial in such adversarial proceedings. A CDFA helps the client and their attorney understand how today’s financial decisions will affect the client’s financial future. This can include examining and analyzing the financial issues of a divorce, providing the client and lawyer with data to strengthen their case, and helping the client understand the short-term and long-term financial impact of different settlement proposals.
In the adversarial system, the judge will impartially weigh the evidence provided by both parties. This includes financial data, where knowledge of a CDFA can be especially beneficial. A CDFA can help ensure the case’s financial parts are understood and appropriately considered in the final decision by providing clear, objective, and detailed financial analyses.
However, as a mediator, my role would be different. Mediation is a method of dispute resolution that seeks to avoid the adversarial nature of court proceedings. Instead of presenting evidence to a judge to win the case, the parties involved in mediation work together to find a mutually satisfactory solution. The mediator helps with this process, helping the parties communicate effectively, understand each other’s positions, and negotiate constructively. This can often lead to more satisfactory outcomes, with less emotional and financial cost than traditional court proceedings.
In both the adversarial system and mediation, the goal is to resolve disputes fairly and justly. However, the methods and roles of meeting this goal can differ.
In conclusion, whether you are navigating the adversarial court system or seeking a more collaborative resolution through mediation, having a Certified Divorce Financial Analyst (CDFA) and mediator by your side can be instrumental. These roles can help you understand the financial implications of your decisions, provide objective and detailed financial analyses to support your case and guide you through difficult negotiations to reach mutually satisfactory outcomes.
It’s crucial to ensure that you are well-informed and well-prepared for whatever path your family law dispute takes. Remember, the decisions you make now will affect not only your immediate circumstances but also your financial future and, if applicable, the welfare of your children.
So, let’s discuss how I can assist you in this journey. Whether you are amid a challenging dispute or just beginning to consider your options, I invite you to schedule a complimentary “Get Acquainted” call with me. This initial conversation will allow us to understand your situation better, discuss your concerns and goals, and explore how my expertise as a CDFA and mediator can help you navigate your family law issues with confidence and clarity.
Don’t navigate this complex process alone. Let’s work together to ensure you’re making the best possible decisions for your future. Schedule your “Get Acquainted” call today.
Articles that may interest You!
Rethinking “Lawyering Up”
10 Reasons to Seek Mediation and Financial Guidance First in Divorce
In the throes of a divorce or separation, it’s tempting to seek legal advice immediately – after all, isn’t that what we’re taught to do? However, while legal guidance is crucial, it isn’t necessarily the best first step. Separation and divorce proceedings are about 90% about finances and children rather than purely legal matters. Today, let’s debunk this misconception and explore why it might be better to collaborate with a mediator and CDFA before reaching out to a lawyer.
Timing is Everything
Like in life, timing is everything when it comes to hiring a divorce lawyer. Knowing when to seek legal counsel during a divorce or separation is crucial to achieving the best possible outcome. Here are some key considerations to determine the right time to hire a divorce lawyer:
Control the Process: Working with a mediator and CDFA, you and your spouse maintain control over the process, making decisions collaboratively instead of dictating them by attorneys or the court.
Financial Clarity: A CDFA brings financial expertise to your case, helping you understand financial decisions’ short- and long-term implications.
Comprehensive Disclosure: These professionals guide you in gathering necessary disclosure documents, ensuring no financial stones are left unturned before consulting a lawyer.
Focused Negotiations: Mediators help parties stay focused on their real intentions and the main issues, preventing distractions from the path of resolution.
Cost-Effective: Mediation and financial analysis can often be more cost-effective than immediately “lawyering up” while offering comprehensive guidance.
Reduced Animosity: Opting for mediation first may reduce the antagonism between parties. The traditional “lawyering up” approach can create an adversarial atmosphere that fuels hostility.
Holistic Approach: Mediators and CDFAs consider monetary and non-monetary aspects, such as children’s welfare, providing a more holistic view of your situation.
Informed Legal Decisions: A solid understanding of your finances and intentions empowers you to make more informed decisions when seeking legal advice.
Protection of Rights: The modern family law system ensures your rights are protected – consulting a mediator or CDFA first doesn’t negate this protection.
Better for Children: Focusing on finances and children first helps create a more stable environment during this transition, which is often better for children.
Remember, the goal is to make your divorce or separation as smooth as possible for all involved. Therefore, starting with a mediator and CDFA might not be the traditional route. Still, it could be right for you, providing clarity, control, and a comprehensive view of your situation before you step into a lawyer’s office. As always, every situation is unique, so consider your options carefully and seek the best approach for your family.
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Ken Maynard CDFA, Acc.FMhttps://divorcethesmartway.ca/author/wardman/May 23, 2023
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