Divorce Routes: Which do I Choose?

Collaborative FAmily Practice

1. 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.
2. 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.
3. Lawyers must be accrediated in Collaborative Family Practice.
4. High success rate.

Negotiations 4-Way

1. This is similar to collaborative family practice and each party is represented by a lawyer. Lawyers need not be trained in CFP.
2. In the event negotiation fails, you can continue to use the same lawyer whereas in CFP you cannot.
3. 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

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