The Importance of Negotiation

It is, in the ordinary course of a matrimonial matter, beneficial to attempt to reach a settlement through negotiation, where possible.

Justice Pentelechuk put forward the following remarks with respect to the foregoing notion in the case of Hameed v. Hameed:

“Family law litigation has broader societal implications than a typical commercial dispute; unquestionably where the best interests of children are involved. In matters involving a child's best interests, the courtroom, most often, should be the place of last resort. There are an increasing number of mechanisms and forums for parents to resolve their disputes outside traditional litigation. If these are utilized early, before positions become entrenched, an opportunity exists to move off the adversarial track and move toward rehabilitation of the former spouses' post-divorce relationship. That is good for children and modern families generally.

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So too is lack of predictability in family law litigation a disincentive to rational discussion, compromise, and settlement. The party with the unmeritorious or ill-founded position may as well take their chances in a hearing or trial. In my respectful view, there is no surer path to unpredictability than an ill defined approach to evidence, where rules are adhered to some of the time on some of the issues and inconsistency exists between judges.”

However, there are case where litigation is required in order to advance a client's position.

To learn more about negotiation as well as the services provided by Krol & Krol, call 905.707.3370 today.