Entries by Herschel Fogelman

Why 95% of divorces settle without litigation.

Fortunately for the parties involved, most divorces settle without litigation. When the financial and emotional costs are tallied, going to court is just too expensive. Not to mention the months and months that court litigation requires. If a lawyer charges $500 an hour, a five-day trial costs …

Mediation is a popular alternative to litigation in family law.

Mediation has become a very popular alternative to litigation in family law matters. More Ontario lawyers use mediation than B.C., Alberta, or Nova Scotia lawyers to resolve disputes, according to Canadian Forum on Civil Justice research. Mediation’s key benefits include the potential to save time and money, and the potential …

Retirement is a factor for support payments in separation agreements.

A working spouse needs to consider the impact of retirement on spousal support in their separation agreement. Many support providers assume they’ll be able to reduce or eliminate their support obligations at retirement, based on reduced earning potential. Unfortunately, it’s often not that simple. This is a conversation …

Identifying an unsuitable case for mediation.

The fundamental difference between litigation and arbitration is that, in arbitration, the parties pay someone to adjudicate their dispute. Despite this added expense, a properly conducted arbitration should work out to be less expensive than litigation. Where arbitration follows mediation, …