Divorce Routes: Which do I Choose?

Considering Divorce, Divorce Law-, Divorce Options, Divorce Process, Pre Divorce

By admin

Wednesday November 1st, 2017

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COLLABORATIVE FAMILY PRACTICE:

• This process commences either during the marriage (if you are looking at executing a Deed of Separation or Marital Agreement) or prior to divorce proceedings.
• This is for parties looking at avoiding costly litigation and working to achieve a win-win solution in the best of interest of all parties. Interest-based negotiations prevail over positions.
• Lawyers must be accrediated in Collaborative Family Practice.
• High success rate.

NEGOTIATIONS 4-WAY:

• This is similar to collaborative family practice and each party is represented by a lawyer. Lawyers need not be trained in CFP.
• In the event negotiation fails, you can continue to use the same lawyer whereas in CFP you cannot.
• Meeting-based process to try to work out a settlement acceptable to both but leans towards being positional with ability to walk away.

MEDIATION:

• Private Mediate (3 parties)
  • Parties appoint a neutral third party to assist in the disputes.
  • Session conducted at Mediator’s office with parties but no lawyers.
  • It’s a process that requires parties to voluntarily participate and be committed to resolutions.
• SMC Mediation (6 parties)
  • During the court divorce proceedings, parties engage SMC to choose two mediators who are must be accrediated in Family Law mediation.
  • Parties pay a set fee each and comes to mediation with their lawyers.
• Court Mediation
  • This takes place in court and conducted by a judge sitting as a mediator.
  • Usually takes 2 -3 sessions (of 2-3 hrs per session to arrive at a global settlement).
  • No fees payable to the Mediators.
  • Parties need to set aside time and trust the process.

COURT LITIGATION:

• This is the last option when the other 3 routes fail.
• The preferred options when one party believes that it is impossible to collaborate, negotiate or mediate with other party.
• Be prepared to allocate time and financial resources as it is a longer process.
• Much paperwork involved – Affidavits, Summons, Discovery, Interrogatories, Injunctions, etc.