Is It Right For Me?
The Collaborative Process offers a better way to separate or divorce than other process options.
Why choose the Collaborative Process instead of Court-Based Approaches?
Through the involvement of the right professional at the right time, legal costs and the emotional toll of separation or divorce are reduced and your financial assets can be preserved. In addition the focus and design of the Collaborative Process paves the way for respectful relationships during and after separation/divorce, which is particularly important when there are co-parenting requirements.
- Litigation approaches are typically adversarial in nature. Collaboratively-trained lawyers work together to contain conflict while still providing legal guidance and protecting their client interests.
- With court, decisions are made by a judge who may know very little about, or consider, the desires and goals of each party. The Collaborative Process empowers the parties to make constructive decisions and provides clients with more control in both process and outcome.
- The Collaborative Process can involve interdisciplinary professionals such as
- divorce/separation coaches – help the parties to cope with the challenges associated with separation/divorce and to identify constructive approaches to manage such challenges.
- child specialists – bring forward the ‘voice of the children’, which assists in the development of co-parenting plans that take into account unique family considerations and serves to minimize the impact on children who are effected by separation/divorce, impacted by divorce).
- financial professionals – help you plan a balanced distribution of your assets for the long term security of your whole family.
Why choose the Collaborative Process instead of Mediation?
Both Mediation and the Collaborative Separation/Divorce Process are alternative dispute resolution processes. However, mediation involves one neutral third-party (the Mediator) who guides the couple through the separation/divorce process by assisting the couple to resolve their marital dissolution issues.
- There is no requirement for Mediators to also be lawyers. Even when qualified Mediators are lawyers, due to their neutral role in the mediation process, Mediators cannot advocate for one or both clients and cannot provide legal guidance to either party. As such, often there is a requirement for lawyer(s) to be employed to finalize agreements reached through the mediation process.
- Within the Collaborative Process, both parties have legal representation from their respective lawyers to protect their rights and interests. Both lawyers have specialized training in the Collaborative Process and participate in a non-adversarial, collaborative manner to assist their respective clients to reach a mutually satisfying agreement, while at the same time ensuring that each client’s rights and interests are protected throughout the process.
Is the Collaborative Process more costly than other options?
No. The Collaborative Process is focused on reaching a mutually acceptable and enduring settlement in a timely manner. Collaborative professionals jointly work together toward the same goals, taking into account the needs and interests of the parties involved. When contrasted with other divorce options, the Collaborative Process can provide a more cost-efficient and value-added approach.
The Collaborative Process eliminates the emotional and financial costs of the multiple court appearances and conflicts that are often part of a traditional divorce, as well as time the client’s lawyer is waiting in court for the matter to be heard. Clients also save the money that might be otherwise spent on multiple experts to prepare documents and exhibits for use in court, or to conduct discoveries and issue subpoenas.
More detailed information and cost ranges for each of the other divorce and separation process options can be found on the Comparison Chart.
More detailed information and cost ranges for each of the other separation and divorce process options can be found on the Comparison Chart.