Collaborative Divorce– How It Can Help You
Here’s how this practice can work for you:
- Team work
We utilize divorce coaches who are counsellors or psychologists trained in the nuances of divorce and family law. They assist with stress reduction, communication skills and parenting issues where needed.
- Safe and co-operative
The strength of the collaborative process is that we can handle the most difficult cases because we work as a team and not in opposition to each other.
We can deal with various types of personalities. Not only is the collaborative process capable of dealing with cases where threats have been made or violence has occurred, it is truly the most effective process possible in such circumstances. Here is why.
In the litigation process, an abused spouse is exposed to cross examination in a public courtroom and in pre-trial proceedings. In the collaborative process, she or he is never subjected to cross examination and always has the support of counsel in a safe environment. Coaches are particularly helpful in working with both parties to provide insight and skills in dealing with these difficult issues from all sides.
Court orders? When there is family violence, it is most often situational, occurring on only one occasion or during the difficult breakup time. In such circumstances restraining orders are not necessary. In the case of a truly abusive situation, a court order is typically not useful because the perpetrator of violence will ignore it. The collaborative family law process can deal with this type of situation. Perpetrators of family violence usually will engage in the collaborative process. They may wish to avoid excessive legal fees, to avoid criminal proceedings, or truly address the problem. Once the parties are engaged, and with the help of coaches and collaborative lawyers, insights are obtained and solutions are found that protect the parties and the children.
- Less costly
Many people believe they will find justice and retribution through the courts. Any experienced litigator knows this is not the case. Courtrooms are incredibly expensive. Outcomes are hard to predict, delay is common and appeals causing further delay and expense are not uncommon. It is a never ending process that can carry on past trial until the children are grown and/or spousal and child support is no longer in issue, with reviews of past orders and applications for variations repeating every few years.
The collaborative process allows for a return to the process upon a change in circumstances to easily address and resolve ongoing issues.
- Your control, your outcome
Most importantly, a solution you negotiate in an environment you control with a team you trust is preferable to the arbitrary decision of a judge. Neither party will be happy with solutions imposed by a court and an unhappy party is unlikely to comply. Solutions that are confidentially and mutually agreed result in a “buy-in” by both parties and a preservation of as much of a relationship as possible.
The more difficult your problem, the more suitable the collaborative process is for you. At Cohen Buchan Edwards, we can show you how and you will learn how it works for you.
For more information on the collaborative process contact Garth Edwards at 604.273.6411.