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Collaborative Divorce Offers a Better Option

April 17, 2015 by West Coast ADR

Most of us have probably heard of or know someone who has been involved in a “nasty” divorce: a divorce where both spouses are out to see who gets the best of the other one, Some of these divorces even start out on a fairly even keel, and then turn sour throughout the process. Once a conflict starts, it can grow from a molehill into a mountain; these situations rarely end well. They can become expensive and if children are involved, they often end up in the middle of some very unhealthy relationships.

If you are considering a divorce, there is a better option. You can opt for a “collaborative divorce.” A collaborative divorce is not only less stressful for all parties involved — including children — but it’s also less expensive, as it avoids expensive court costs.

The goal of a collaborative divorce is for the parties to work together with attorneys, mediators, arbitrators and other needed professionals to come to a resolution outside of the courtroom. A professional team works with individuals to negotiate the unique circumstances of each family in a positive way.

Many attorneys now practice this type of collaborative family law, which interestingly enough, stemmed from a discouraged family attorney who became tired of the adversarial process and decided to do something different. He began working with families outside of the court system to resolve their disputes in a respectful and dignified matter.

At the same time, another group of professionals, which included psychologists, financial planners and social workers, were working on similar goals for divorcing spouses. These two new methods integrated in the mid-1990s. Collaborative Practice was coined as the term that covered both Collaborative Law and Collaborative Divorce. In British Columbia, this might also be referred to as an ADR, or an “alternative dispute resolution.”

A separation or divorce is hardly ever painless, but the process used to get through one can make a huge difference in the outcome. In a collaborative divorce, a divorce is far more likely to end amicably, and the children involved are less likely to be damaged in the process.

Source: CollaborativeDivorceBC.com, “Collaborative Practice; Putting Families First,” Susan Gamache, accessed April 15, 2015

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