We strive to resolve your matter quickly and efficiently, while providing a better family law experience.
There are many different approaches available to help resolve your dispute, from negotiation and mediation to arbitration and court litigation. Your Fogelman Law lawyer will help you consider the options, and decide what is best for you and your family.
Regardless of the approach you choose, the entire Fogelman Law team is committed to providing a better family law experience.
Parenting and Separation Agreements – answering questions, finding solutions
The vast majority of family law disputes are resolved between the parties with the assistance of counsel. Rather than resorting to courts or mediators, parties work through the document disclosure and negotiation process to reach a reasoned resolution.
Fogelman Law lawyers assist their clients in all aspects of this process, and are skilled negotiators and drafters of thoughtful and fair agreements. These agreements include comprehensive parenting and separation agreements, and vary in complexity.
Herschel was one of the original authors of the standardized separation agreement currently used by most, if not all, Ontario family law lawyers. This gives Herschel and the lawyers at Fogelman Law valuable background and insights in drafting all forms of family law agreements.
Mediation – A negotiated resolution that can also help preserve relationships
Mediation has become a favoured and useful way to resolve family law issues. It helps find the common ground and compromises that lead to a negotiated settlement.
Mediation is highly effective in many situations, including when negotiation between counsel reaches an impasse. Mediation is by definition a negotiated resolution with the assistance of a third party mediator, with or without the participation or assistance of counsel.
We frequently represent and advise our clients in deciding if mediation is appropriate for their case, and in selecting a suitable mediator.
For parenting disputes, mediation helps parties develop and maintain the rapport they’ll need to successfully share the rights and responsibilities of parenting post-separation. Helping preserve relationships is one of mediation’s greatest strengths, to the benefit of both parents and their children.
Mediation is faster and generally far less expensive than litigation, and now even more so with the closures and backlogs resulting from COVID-19.
As counsel, Fogelman Law prepares clients for mediation and its unique challenges, and helps them negotiate their best settlement.
Independent of his counsel work, Herschel Fogelman is a skilled and highly sought-after mediator. Mediation is a large part of Herschel’s practice, where he acts as a private mediator hired by parties or their counsel.
Herschel is both a mediation innovator and early adopter, having recognized two decades ago its incredible potential to reduce the costs and time, and lessen the conflict litigation can inflame.
Herschel has been developing and honing his mediation skills ever since, and is one of the most respected family law mediators in Toronto and across Ontario.
Med/Arb – a combination of mediation and arbitration
Mediation is often coupled with arbitration in what’s referred to as Med/Arb – where the process of mediation may be followed by arbitration, for issues that aren’t resolved in the mediation phase.
Arbitration – for issues that mediation can’t resolve, or as an independent process
Arbitration is a quasi-judicial process, where a private individual – generally a lawyer – acts as a private judge for the issue or issues in dispute. Unlike mediation, which is a process where the parties work with a mediator to craft a solution, arbitration generates a binding outcome which can, if necessary, be easily converted to a court order for enforcement purposes.
The arbitrator’s mandate is to hear the evidence, apply the law, and make a binding decision.
Often arbitration is more cost effective and faster than litigation. This is especially true given recent court backlogs and gathering restrictions.
Litigation – advocacy to resolve the challenging issues, or when dealing with difficult parties
Litigation is generally more expensive and time-consuming than the non-court alternatives.
Unfortunately, there are some disputes where, from the outset, it is clear negotiation or mediation may not be suitable. For example:
- High-conflict cases
- Binary issues, such as mobility, that will result in an obvious winner and loser, leaving little room to create a solution both sides can accept
- Multiple party issues, which make mediation very complex, and getting all the parties together to mediate can be difficult
- Issues where a party simply refuses to make full and proper disclosure, or otherwise is acting in a manner for which judicial intervention is required
Fogelman Law’s experienced litigators advise and assist clients with all aspects of litigation, from the most basic attendances to trials and appeals, and have had excellent success at all levels of court in Ontario.
Customized Case Management – your case, your schedule, your process
Herschel Fogelman created Customized Case Management to improve the family law experience for parties and their counsel.
CCM is an active case management process, where the timing and activities are planned to reduce the conflict, time, and inconvenience of working through a case.
Herschel developed Customized Case Management to help reduce the stress that interruptions and court-imposed or court-delayed proceedings can have on family law clients.
Contact us
To find out how we can help,
please call us at 416-944-0038
email info@fogelmanlaw.ca
or schedule a call here
