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Friday, August 9, 2013

For whom does the Collaborative Divorce Process work best for?

You and your partner may wish to proceed collaboratively if you:
  • Desire the assurance provided by having legal representation throughout the process.
  • Want to retain control over your own lives and the lives of your children.
  • Want to divorce at your own pace rather than on the Court’s timetable.
  • Wish to reach agreement through open discussions and co-operative problem solving
  • Desire to build two functioning households that foster a successful co parenting relationship for the benefit of your children
  • Do not want the threat of going to Court to influence your decisions
  •  Desire your issues to remain private.


Why might one choose the collaborative process over mediation?

Some people, for various reasons, are uncomfortable negotiating against his or her spouse without help. In the collaborative process, that help is right there; in the room; with the client; every step of the way. While a mediator may provide some legal information, he or she does not advise either client. In a collaborative four way settlement meeting it is common for both clients and for both attorneys to brainstorm as many options as possible. Once all of the options for each of the issues have been discussed, parties are typically in a better position to engage in a productive “give and take” in reaching an agreement, acceptable to both.