The pathway towards a timely and effective settlement of your case

by Me Alice Florian

Preview

Our justice system places great value on an individualistic approach where the rights of the individual must be recognized and upheld. Under this “rights-based approach”, litigation is engaged in to protect the individual against the assertion of the rights of others.

Under the “rights based approach”, positions can have more significance than the interests or needs of the client. The “rights-based approach” is underpinned by the belief that there will be inevitably winners and losers in conflict and that a good lawyer is always on the winning side.

The problem with this approach, is that traditional litigation is often limited in achieving the delivery of justice in a timely and accessible forum. Traditional litigation more often fails to bring peace and closure to clients.

Practical problem solving and collaboration, can often be more effective than complex expensive and time consuming procedures. Right from the start, we encourage proactive engagement in this approach, whether it be for a divorce, for custody, spousal support, for termination of employment, or, for latent defect cases.

The pathway to problem solving approach

The appraisal of the client’s needs & interests

The pathway begins by a thorough review of the facts and law and to carefully listen to and prioritize the client’s needs and interests. Then, in function of the client’s needs and interests, we engage in a frank discussion on the associated risks and costs to litigate. This initial phase of the pathway will have an important strategic and practical function for negotiations and settlement appraisal.

The collaborative approach

Then, we communicate with the opposing side in order to articulate the facts and engage in a collaborative approach that proposes reasonable solutions to resolve the issues. In most cases, this results in a settlement agreement that protects our clients’ interests.

The settlement conference before a judge

Another alternative to finding a solution that is efficient and in the best interests of the client is the active participation in a settlement conference presided by a judge.

Settlement conferences before a judge have a very high rate of success. They are held in a conference room at the Courthouse (not in a courtroom) or virtually. They can be scheduled quite rapidly and the atmosphere is not adversarial, or one of “making proof”, but rather, the judge actively assists the parties in finding a reasonable solution to the conflict. All statements that are made or written during the settlement conference are confidential. Therefore, said statements cannot be used as evidence at trial should a settlement agreement not be arrived at.

When all else fails, robust litigation and skilled advocacy will lead to effective solutions.

Your pathway to timely and cost effective justice

This is your pathway to the delivery of justice in a timely and accessible forum. It is less costly, and, it brings peace and closure to our clients. To learn more about how this practical problem solving and collaborative approach is more effective than complex expensive and time consuming procedures, call us (514) 534-0145 (ext. 224)

This article is not intended to provide legal advice or opinion.