NEED HELP? CALL US TODAY AT (780) 757-6400
How to Handle Family Disputes Without Going to Court in Edmonton

How to Handle Family Disputes Without Going to Court in Edmonton

Going to court over family problems can drain your wallet and your emotions. As Edmonton’s Leading Family Lawyers, we’ve seen how court battles can make family issues even worse, often destroying relationships that could have been saved. The good news? You have better options. 

From heated inheritance disputes to disagreements about elderly parent care to conflicts over family property – most family conflicts can be resolved without stepping into a courtroom.

Our Family Lawyers in Edmonton have helped hundreds of families find peaceful solutions, saving them not just time and money but also preserving those precious family bonds that matter most. 

Here’s how you can handle your family dispute without the stress of court proceedings.

Understanding Your Options

Before rushing to court, you have several ways to resolve family conflicts. Here are the most effective approaches we recommend at Kolinsky Law:

  • Family Meetings: Perfect for smaller disputes, these informal gatherings allow everyone to speak openly and work through issues in a familiar setting. We’ve seen families resolve inheritance questions and care responsibilities through well-structured family discussions.
  • Mediation: A trained mediator guides the conversation while remaining neutral, helping both sides find common ground. This approach typically costs less than court proceedings and gives you more control over the outcome.
  • Collaborative Law: Each person works with their own lawyer, but everyone commits to finding solutions outside court. This works especially well for complex family matters where legal guidance is needed but court battles aren’t desired.

Mediation: A Practical Solution

Think of mediation as having a referee for your family dispute. The mediator doesn’t take sides or make decisions – they help you and your family members talk things through. At Kolinsky Law, we’ve watched mediation work wonders, even in cases where family members barely spoke to each other. The best part? Mediation sessions usually cost about the same as a few hours in court. 

You can tackle tough topics like estate planning, elder care decisions, or property disputes in a calm setting. Plus, what’s said in mediation stays private, unlike court proceedings which become public records.

Family Negotiations: Making It Work

Having helped countless Edmonton families, we’ve seen what works in family negotiations. Key steps for successful family talks include:

  • Choose Neutral Ground: Meet somewhere that isn’t anyone’s home – this helps everyone feel more comfortable and reduces emotional tensions during discussions.
  • Set Clear Rules: Establish basic guidelines like no interrupting, no personal attacks, and equal speaking time for all parties involved in the dispute.
  • Stay Organised: Bring all relevant paperwork and keep a written record of what’s discussed and decided. This prevents misunderstandings later.

When to Get Legal Help

While many disputes can be handled through talking, some situations need legal guidance. At Kolinsky Law, we step in when families face complex property divisions, need help understanding their legal rights, or when emotions are running too high for direct talks. 

Watch for red flags like someone refusing to share important documents, making threats, or rushing major decisions. Getting early legal advice often prevents more significant problems later. We can review agreements before they are final or join mediation sessions to make sure everyone’s rights are protected.

Moving Forward Together

Every family dispute has a solution – it’s just a matter of finding the right path. At Kolinsky Law, our proficient Family Lawyers in Edmonton AB have guided numerous Edmonton families through tough times without court involvement. 

Need help figuring out your next step? Our door is always open for a consultation to discuss your family’s situation and find the best way forward. Remember, choosing alternative dispute resolution doesn’t mean giving up your rights – it means handling things wisely.

Steps to get ready for your consultation with a family lawyer

Steps to get ready for your consultation with a family lawyer

Meeting with a family lawyer for the first time can be stressful. Many are unsure of what to expect and feel some anxiety because of that. At Kolinsky Law in Edmonton, we strive to make your experience as comfortable and stress-free as possible. Of course, the nature of why clients come into a lawyer’s office is generally and often stressful, but we aim to reduce your stress as much as we can by communicating clearly and creating step-by-step processes to approach your legal matters.  As such, we have compiled some recommendations on what you can do to best prepare for your consultation with a Family Law Lawyer.

1.  Be Open and Honest

For many people, it is difficult to open up in the first meeting. You have just met the lawyer, and do not know what to expect.  It is very important, however, that you give an honest account of your situation and any issues that are sensitive to you or your family. Remember that the consultation is private, and cannot be discussed with others without your permission, except in the case of child endangerment.

2.  Bring All Documents

Start by making copies of all the documents you have collected so that your family lawyer will have them for your file. Depending on your case, the documents you might need include:

  •       Marriage certificate
  •       Any current or past orders made that are related to the case
  •       Application to Obtain an Order or to Change an Order
  •       Prepared Financial Statements

3.  At the beginning of your consultation, your lawyer will collect basic information about you and your situation. Your lawyer may want to know:

  •       Your name, any previous names, address, occupation, annual income, and date of birth,
  •       Your spouse’s full name, address, occupation, annual income, and date of birth
  •       Your marital status prior to this relationship (single, widowed, divorced)
  •       Your partner’s marital status prior to this relationship
  •       Alberta residency information and other citizenships of both partners
  •       Information about the relationship, including the date the two of you started to live together, the date of your marriage and the name of the city or town where you got married
  •       The date of separation
  •       The full names and birthdates of any children
  •       The care arrangements and any parenting plans that are presently in place for the children
  •       Any prenuptial agreements
  •       Any potential and believed risks, including family violence, abduction, and financial risks like bankruptcy
  •       Why the relationship ended

4.  Your lawyer will want to know your financial information and may ask for:

  •       The approximate balance of all financial accounts, including savings, RRSP, investment accounts, and the names of the financial institutions holding the accounts,
  •       All assets
  •       The amounts of any debts, including credit cards, loans, lines of credits and where they are held
  •       Information about any stock or bond portfolios,
  •       Pension plan information
  •       Real estate owned in Alberta and elsewhere, including address, value, and how ownership is divided.

5.  Get Organized, Take Notes and Ask Questions

Throughout the consultation, you may want to write down notes and any questions you may have along the way. Your lawyer may have a lot of information for you and will want to collect many details from you, so this can be the best way to ensure your questions get asked either during the flow of the conversation or after. Sometimes it is most cost-efficient to ask several questions at once.  In order for your lawyer to serve you better, you must fully understand your case and the entire legal process.

6.  Discuss Costs

Your lawyer will discuss fees during this meeting, and you should be prepared to as well. If you want to discuss payment plans, retainer information, and written fee agreements, the consultation is the time to do so.

7.  Read all Documents Carefully Before Signing

Before you sign a document, ask your lawyer to fully explain it to you and then read it thoroughly. Be prepared to spend some time going through documents in-office.

8.  Keep your own files

Ask for copies of all documents prepared for your case and build your own file to keep at home.

9.  Listen to your lawyer

Finally, always remember that, at Kolinsky Law, your lawyer is looking out for your best interests and the best interests of any children involved. The lawyer’s judgments and decisions are based on legal knowledge and training, as well as extensive experience so it is important to listen to your lawyer and think about what your lawyer asks you to do. We are here for you and what is important to you.

CALL
EMAIL
MAP