Thinking about separation and divorce differently through collaboration

Date: July 17, 2019

The Collaborative Process is an alternative way to approach divorce or separation, focusing on non-adversarial dispute resolution outside of court.

There are many reasons to deal with the legal issues arising from a separation outside of court. Read on for a few of the most frequent and compelling reasons to engage a Collaboratively-trained lawyer to help.

1) Parenting and Putting the Children First

Using the Collaborative Process can often allow parents going through separation or divorce to come to agreements that better suit the interests of their children without the stress or emotional difficulties of a “win-lose” battle in court.

With the help of Collaboratively-trained lawyers, and other professionals as appropriate, clients choose their goals for themselves, together. When children are involved, this non-confrontational approach can provide better tools to put their needs front-and-centre.

2) Financial Fairness

Instead of a drag-out battle in court where one or both sides of the divorce or separation may have decisions made for them by a judge that they don’t agree with, the Collaborative Process allows clients establish their priorities and resolutions for themselves.

A Collaboratively-trained lawyer has years of training and expertise in all matters related to potential issues that may arise, including financial matters. They will help you figure out the best course of action to navigate how you’ll handle money and assets moving forward, providing a framework for a solution that is amicable to all parties — not just one lucky “winner.” The Collaborative Process can also involve a Collaboratively-trained Financial Specialist to assist with this process and to help the parties understand the long-term impact of their options and choices.

3) Stress and Speed

Handling a divorce or separation through the Collaborative Process can speed up the process of resolving all the issues that may arise in comparison to dealing with the courts and a judge.

Life must go on: spending months dealing with stressful and expensive court proceedings can take time away from your work or children and cause a great deal of stress.

Some of that stress can be mitigated by resolving issues collaboratively, because the process can be faster and more efficient than the alternatives. And by taking a far less destructive and adversarial approach, individuals don’t have to face as much potential emotional and family turmoil in order to come to a resolution.

4) Privacy

A Collaborative approach to divorce or separation is much more sensitive to individuals’ privacy than dealing with a judge in court.

In court, private details about your relationship, your family, and your finances (among other things) can be dredged up and presented out in the open. Private information becomes ammunition to make a case for one or both parties.

The Collaborative Process helps keep you and your information private by providing a safe environment for things to be discussed between individuals and their lawyers.

5) Cost

The last (and for some, the most important) reason to consider the Collaborative Process for divorce or separation is simply the cost.

Since the Collaborative Process is often quicker than dealing with the courts, you’ll spend less on legal fees over time as compared to a number of interim court applications, pre-trial conferences, and potentially a trial. By focusing on the parties’ needs instead of on court documents, the result can be fewer billable hours in the end. Also, having other professionals, such as a Separation Coach or Financial Specialist, involved in the Collaborative Process, you can have the help of the right professional at the right time, as compared to requiring your lawyer to handle every detail.

Our priority is to help you find the most appropriate, efficient, cost-effective, and satisfying solution to what is almost always a stressful situation.