Overview of the consultation, negotiation, and the court process

Although the practice of family law is rarely straight forward, there are certain basic steps in the procedure of conducting a divorce.

The process begins with a consultation between the client and the lawyer. This involves information gathering, a listening period, and a time for discussing and strategizing. Subsequently, the process continues with a negotiation between the two parties involved in the family law case. Finally, if the negotiation does not yield an agreement, the litigation process begins.

The consultation is the first meeting between the client and the lawyer. The meeting begins with an introduction in which the lawyer greets the client and informs them of the structure of the consultation. Afterward, the lawyer will inform the client of the overview of the relevant points of family law, the options that are available to resolve the dispute, and a strategy the lawyer would like to employ. The informing session is followed by a period of discussion to conclude the consultation. If the client retains the lawyer (by providing him or her with a retainer) a retainer agreement is then provided to the client, outlining the lawyer’s hourly rate and the general terms of the retainer.

The negotiation process is extremely important in maximizing the potential of settling a case. The parties may negotiate the terms of an agreement on their own, which should then be “papered” by lawyers into a separation agreement, or it may be negotiated through the lawyers.

Even once the parties are in court, the case can still be settled, assuming that the parties are able to come to an agreement.

This litigation process involves an application, continuing record, court appearances, a case conference, a motion, orders, and possibly a trial.

To learn more about the consultation, negotiation, and the court process, contact the Toronto family lawyers at Krol & Krol at 905.707.3370.