Low Conflict Divorce

In most circumstances a negotiated settlement is the most cost-effective and time efficient option for resolving a family law dispute, whether the settlement is arrived at via mediation, direct negotiations amongst counsel or other forms of non-Court resolution.

Unfortunately, negotiated settlement is not always possible for every family law file.

The Existing System is Broken

When conflict arises in our lives, we turn to the dispute resolution techniques that we know. For legal conflict, our minds turn first to the Courts. In Canada, our Courts operate on an adversarial system. It is a system in which litigants are pitted against each other in battle; there is a judge; there is a winner and there is a loser. Most of us have never turned our minds to whether this system is a productive, kind, dignified or even rational method of resolving conflict.

How Does it Work?

Mediation is a problem solving process in which separating spouses work with a neutral third party, the mediator, who assists them in finding solutions to their Family Law issues. The mediator does not provide participants with legal advice and does not make a decision about issues over which the participants disagree. Instead, he or she uses tools which help the participants to overcome areas of disagreement and arrive at a settlement.

How Does It Work

Collaborative Family Law is a resolution process in which separating spouses agree that they will not go to Court. Instead, they agree to work together, in a collaborative manner, that is open and that places the needs of their children first. Each party has the benefit of a collaborative family lawyer who participates in the settlement negotiations, providing his or her client with legal advice and guidance throughout the negotiations. If a separating spouse is uncertain about managing negotiations on his or her own, Collaborative Family Law is a superior choice over direct negotiations or Mediation.