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.

Avoid Divorce Court with Collaborative Family Law

Divorce is an incredibly stressful situation for everyone involved, especially the children. Collaborative family law is a method of encouraging collaboration and cooperation among divorcing spouses by attempting to reach agreements in a dignified and respectable approach. The goal is to have the divorcing spouses work cooperatively to settle issues for the separation agreement to make the divorce process smoother. The most important people in the picture are the children, who truly have no voice when their parents face divorce. By creating an atmosphere where the issues are dealt with privately - outside of the court - in a rational demeanor, settlements can be reached much quicker and affordably, as well as much less emotionally with the help of a collaborative family lawyer.

Cooperation and Communication

The two keys of coming up with an agreeable settlement is cooperation and communication. Without these two elements, a settlement will be lengthy, drawn out, and emotionally draining. It is imperative for the divorcing parties to have some amount of mutual respect for each other - and for their children - in order for them to set aside their differences in order to come to an agreement. The most important aspect in these agreements and settlements is to ensure that all parties leave with some amount of dignity and integrity by using the expertise of a collaborative family lawyer.

What is Collaborative Family Law?

In essence, collaborative family law is a voluntary process whereby conflicts are resolved in a cooperative manner for all involved. Parties involved enter into a "Participation Agreement" where all parties - including their respective lawyers - agree to the process. This process attempts to resolve any issues or conflicts without having to drag out the dissolved marriage through the courts to let a judge make decisions. Doing so can save a time, money, and a lot of heartache.

The lawyers involved in this process are there to provide legal advice to their clients, and help them come to an agreement in the settlement of their estate, affairs, and their children (if any).

What Are the Advantages of Collaborative Family Law?

The advantages of such an approach are obvious. The encouragement of a cooperative and respectful dissolution of marriage will save emotional distress for both the divorcing couple and their children. In addition, the money saved by keeping the divorce out of the courts can be significant. And lastly, the ultimate decision on the estate, finances and the children are completely up to the divorcing couple - rather than leaving it up to a judge to decide what happens with these situations.

Getting the Experts on Your Team

Diane Daly has been helping divorcing couples amicably end their marriage with as much dignity as possible. She is a member of the International Academy of Collaborative Professionals, Ontario Collaborative Law Federation, Hamilton-Halton Collaborative Practice Group and the Halton-Peel Collaborative Practice Group. She is highly trained and knowledgeable in this field. Diane and her team are extremely concerned about any dependents or children involved in the dissolution of a marriage, and help families move on to a better tomorrow.

If you are looking for a collaborative family lawyer Oakville or other areas of Southern Ontario, give Diane and her team a call today at 905 844-5883 and attempt to resolve your marital issues out of the courts with their expert assistance.