Services.

The lawyers at Plat Simionati LLP are committed to advocacy and are trained extensively in negotiation, drafting domestic contracts, collaborative family law, mediation, arbitration and finally litigation when required. We are able to represent clients in all of these arears in order to obtain the best possible results for our clients.

Plat Simionati LLP always speaks with clients first to determine whether or not negotiation will be effective for them in obtaining a fair resolution. This is done when parties are separating or engaging in discussions regarding cohabitation agreements and/or marriage contracts. Many cases involving separated parties are resolved during the negotiation phase. Sometimes part of the negotiation process involves four way meetings with the parties and lawyers present. If the parties are successful at settling all or some of the issues, they will then sign a binding Separation Agreement, Cohabitation Agreement or Marriage Contract.

However, we recognize that negotiation is not always the best course in every case for parties that are separating. When negotiation breaks down or is unreasonable, our lawyers then take the next step in advocating for our clients either through mediation, mediation/arbitration or litigating in court.

There are a number of different domestic contracts, with the three primary ones being separation agreements, cohabitation agreements and marriage contracts. Parties can enter into domestic contracts once they have agreed on all of the terms to include. This can occur during the negotiation, mediation, or collaborative family law process. For a domestic contract to be legally enforceable they have to be made in writing, signed by the parties and witnessed. There are circumstances in which domestic contracts can be set aside if it was determined that a party did not provide full and frank financial disclosure or if a party did not understand the nature or consequences of the domestic contract. This is why we always recommend that parties have legal representation when entering into domestic contracts to ensure they are aware of their rights and obligations.

When parties are unable to resolve their matter through negotiation between counsel, one of the next steps is to engage in mediation. This can only be done if both parties agree to the process. The parties and their counsel select a mediator whom is typically a retired judge or a senior family law lawyer. Mediation can be effective at helping parties come to a fair resolution on some or all of their issues. There are different types of mediation and the lawyers at Plat Simionati LLP will work with our clients to determine which type is best for them and their case. We will then advocate for our clients during the mediation process to obtain a fair resolution.

During the mediation process, other professionals may be included depending on the facts of each case. This can include social workers, psychologists, parenting coordinators, accountants, etc. This is determined on a case by case basis and our lawyers are able to guide our clients to determine who should be included in the mediation process. If parties are able to resolve some or all of their issues at mediation, they will then enter into a separation agreement.

In addition to acting for parties going through the mediation process, Sean Plat is a trained mediator and is available to act for parties as mediator.

Parties may decide to engage in a Collaborative Family Law process, which is an alternative to litigation. It is an interest based process which proceeds by way of respectful and transparent negotiation and is designed to assist families settle their family disputes outside of court, in a respectful and creative manner. To enter the process, each party will voluntarily sign a Collaborative Participation Agreement which outlines the nature and scope of their individual matter. Both parties will be represented by lawyers whom are trained in Collaborative Family Law. The process is a cost effective method of dealing with marital breakdown outside of the court process, and has a very high success rate. In the rare circumstances where the Collaborative Family Law process breaks down and the matter proceeds to litigation or arbitration, none of the professionals, including the lawyers, can continue to participate with the clients.

Sean Plat has his Collaborative Family Law Practice Level I and II Certificates, and has been offering Collaborative Family Law services since 2003.

If negotiation and mediation fails, the parties can voluntarily enter into binding arbitration provided they agree. Arbitration is an alternative dispute resolution process whereby the parties agree to hire an arbitrator who will make a legally binding decision in their matter. The parties are able to determine the issues to be resolved, the scope of the relief to be awarded as well as the procedural aspects of the arbitration process itself. Arbitration is typically faster than the court process and can allow parties to sidestep some of the procedural requirements of court litigation. Any decision rendered by the arbitrator are legally binding and enforceable.

If parties are unable to resolve some or all of their issues through negotiation or mediation outside of court, then we can work with our clients to either issue a court application on their behalf or respond to a court application. The lawyers at Plat Simionati LLP are aware that not all parties are able to settle their issues outside of court and/or that alternative dispute resolution is not reasonable in all circumstances. Our lawyers are skilled litigators and have experience in complex matters touching on various other areas of law. We represent clients in high conflict matters and will advocate zealously to obtain a fair and just result.