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.
Negotiation
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.
Mediation
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.
Arbitration
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.
Litigation
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.
Collaborative Family Law
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.
Areas of Practice
Domestic Contracts
A domestic contract is either a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement and are governed under the Family Law Act, which is a provincial statute. Parties can enter into domestic contracts voluntarily and the most common ones are marriage contracts, cohabitation agreements and separation agreements.
Divorce / Separation
When two individuals who are married to each other decide to separate there is a breakdown of the relationship. The parties have to determine their date of separation which is called their valuation date and is typically the date where there is no reasonable prospect of reconciliation that they will resume cohabitation. It is possible for married spouses to be living separate and apart in the same residence.
Equalization: Marital Assets/Property
A domestic contract is either a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement and are governed under the Family Law Act, which is a provincial statute. Parties can enter into domestic contracts voluntarily and the most common ones are marriage contracts, cohabitation agreements and separation agreements.
Spousal Support
Spousal support is the payment, either monthly or as a lump sum, from one party to the other in certain circumstances. Typically, spousal support is paid on a monthly basis and is taxable to the recipient spouse but is a tax deduction to the payor spouse.
Parenting Time formerly Access
A domestic contract is either a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement and are governed under the Family Law Act, which is a provincial statute.
Child Support
Child support is the right of the child and is governed under different legislation depending on whether or not the parties were married to each other. If the parties were married to each other then child support claims are made under the Divorce Act, which is Federal legislation. If the parties were not married to each other then a claim for child support is made under the Family Law Act which is provincial legislation.
Decision Making Responsibility formerly Custody
Decision making responsibility, or previously referred to as custody, is how major decisions are made for a child which include religion, education, medical and extra-curricular activities. If parties have joint decision making responsibility for a child then they must make major decision together about the child.
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258 Woolwich Street Guelph, Ontario N1H 3W1
P: 519-780-4638
F: 226-526-4519
info@platsimionati.com