Collaborative Divorce/Collaborative Process: A Peaceful and Respectful Alternative to Litigation
The end of a relationship can be challenging and emotionally charged. In many cases, traditional divorce can be combative and exacerbate the pain by pitting spouses/parents against one another – but it doesn’t have to be this way. Collaborative Divorce is an alternative to traditional litigation where couples contract into resolving all aspects of their divorce – parenting and financial – out of Court, in a non-adversarial way, with a focus on constructive communications, fairness, and respect. Families retain control of outcomes by creating solutions that are tailored to their specific needs, finances, and goals.
Jenny Kirshen is an experienced Associate at the Gene C. Colman Family Law Centre who is specially trained in Collaborative Practice. Keep reading to see if this process option is right for you, or book a Collaborative Consultation here.
What does the Collaborative Process look like?
- A voluntary and confidential process
- A mutual agreement to not go to Court called a Participation Agreement
- Each spouse hires their own Collaboratively trained lawyer (at our firm, that’s Jenny Kirshen)
- Honest information disclosure
- Good faith negotiations to reach an Agreement that benefits the family as a whole, taking into consideration each family member’s goals and concerns
- Emphasis on cooperation, respect and communication
One unique aspect of the Collaborative process is the involvement of team of professionals to assist in making informed financial and parenting decisions. These team members are called Neutral Professionals. Like the lawyers, Neutrals have specialized training in Collaborative Divorce to help the parties to reach an agreement.
Benefits of Collaborative Divorce:
Collaborative divorce offers many benefits over traditional litigation, including:
- Privacy: Collaborative divorce is a confidential process that protects the parties’ privacy as opposed to litigation which is public record.
- Control: The parties have control over the outcome of their divorce, rather than leaving it in the hands of a judge.
- Cost-Effective: Collaborative divorce can in some cases be less expensive than traditional litigation.
- Emotional Well-Being: Collaborative divorce prioritizes cooperation and communication, which can help reduce the emotional toll of divorce and preserve family relationships.
- Children’s Well-Being: Collaborative divorce allows both parties to work together to create a co-parenting plan that works for their family, prioritizing the children’s well-being.
If you’re considering divorce, it may be worth exploring whether Collaborative Divorce is a good fit for your situation. Contact us today to learn more about the Collaborative Divorce Process and allow us to help your family transition into the next stage of life with a focus on dignity and respect.