Divorce: Options for Consideration

There are alternatives to going to court that make the divorce process less damaging. These alternative models also tend to be quicker and cheaper than court battles. Alternatives to divorce court include mediation, arbitration and collaborative family law.

Mediation is suitable for couples that prefer to discuss their options and negotiate themselves, but need the support of a neutral third party mediator to facilitate their negotiations. The mediator aids the spouses in generating solutions for each of the issues that have arisen from the divorce. The solutions are evaluated together and agreement is reached in a civilized manner. Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out. The mediator merely guides the spouses in making decisions together. As the mediator is a neutral third party, they can give you legal information (if they are a trained lawyer) but not legal advice. Both parties should consult their own lawyers independently for legal advice at some point during the divorce process.

When a divorce cannot be resolved through negotiation or mediation, arbitration is an option. Arbitrators are similar to judges in that they are neutral decision makers. Unlike mediators, they make decisions on the case that both parties are bound by. If you and your spouse choose arbitration as the way to settle your issues, you must abide by the arbitrator’s decisions and their imposed settlements. The arbitrator will make decisions based on the facts of the case and the law in Ontario. Compared to going to court, arbitration is generally faster, less costly, and less formal.

A relatively new process to divorce is collaborative family law, which uses a team approach to assist spouses in resolving issues that arise upon the end of a marriage. The collaborative “team” includes both spouses, their lawyers, and any other professionals they feel are needed (for example, financial experts and family specialists). Often, expensive lawyers are not needed for all aspects of the negotiation. Using this team approach is cost effective and efficient because the spouses have access to the right expertise at the right time.

In collaborative family law, separating spouses control the process and work together. If both parties agree to this collaborative model, a Participation Agreement is signed by the spouses, their lawyers and members of the team involved. The spouses identify issues, generate options and choose solutions that meet the needs of everyone involved. The collaboratively trained lawyers then draft a separation agreement based on the decisions.

The goal of collaborative family law is to assist separating spouses and their children to achieve the best possible outcome for all involved. It encourages mutual respect and emphasizes the needs of children. Through open communication, full and transparent disclosure, both parties address their concerns. The collaborative approach keeps you in control of the process and keeps it out of the courts. It is important to get a specially trained collaborative family lawyer if this is the process you choose.

You do have options and alternatives to divorce court which are easier and faster for all involved.