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How family disputes are really settled

Thursday, April 09, 2015 @ 8:00 PM | By Rachel Birnbaum and Nicholas Bala

While public perceptions and much academic writing about family disputes is premised on resolution by an adversarial trial, most experienced lawyers know the actual process of dispute resolution rarely involves a trial. We report here on preliminary findings on our study of the experiences of Ontario family justice professionals with the realities of dispute resolution. Our research reveals that there are diverse paths through the family justice process, but most cases are resolved by negotiation. The study has interesting findings about a range of issues, including...