You remain in control of the final decision-making process but if you both sign the agreement, you effectively agree to abide by its terms. The divorce mediation process attempts to guide two spouses towards a legally binding separation agreement that sets out all of the terms of your divorce. Custody and parenting arrangements for the children.In the context of a divorce, the main disputed matters are generally: Mediation aims to resolve differences between parties in any major dispute. What happens with divorce mediation?ĭivorce mediation is known as an “alternative dispute resolution” method. The experienced divorce mediators at Jennings Family Law provide a practical, non-adversarial, cost-effective way to reach a separation agreement so that you and your ex can move on with your lives as soon as possible. The overworked family law system in BC prefers to avoid litigation and encourages mediation, arbitration, and collaboration to settle disputes.ĭivorce mediation is a viable option for most couples who are on reasonable terms. This can save a lot of the stress, expense, and delays that divorce proceedings are notorious for. “The more people hear about this model of practice, the more they choose it and the more other lawyers come on board to be trained,” McNeill says.It is possible to get a divorce in Victoria without ever stepping foot in a courtroom.ĭivorce is a legal process that must involve a judge signing the decree but this can often be arranged without a court appearance from either spouse.Įven if there are contested matters, most of these can be settled out of court before the case ever reaches a judge. Almost half of marriages in Alberta will end before a couple’s 30th anniversary. Pritchard and McNeill are part of a team of lawyers and family counsellors working to help Albertans understand their legal options to divorce. Lawyers, family counsellors, and financial specialists help and advise a divorcing couple and their family. She is also past president of the Canadian Bar Association, Family Section (Alberta-South).Ĭollaborative practice is based on giving families ways to work together and communicate. A couple’s breakup does not have to lead to a nasty divorce battle in court, although many Albertans are unaware of the more peaceful options for divorce and separation, says Beryl McNeill, a registered collaborative practice lawyer and mediator with McNeill Family Law in Calgary. In comparison, the traditional divorce system is adversarial, pitting parents against each other and often increasing and prolonging the conflict. “Engaging the right professionals and organizations can help to calm the shock.” They are ways for parents to avoid or lessen the shockwaves of a breakup for themselves and their children, Pritchard says. It also keeps spouses in control of the process – not lawyers or judges.Ĭollaborative divorce and mediation are problem-solving rather than adversarial procedures. One is collaborative practice, a relatively new way that divorcing or separating couples can resolve disputes respectfully and equitably – and without going to court.Ĭollaborative practice helps couples focus on their most important goals, especially their children, as they end their marriage, be it legal or common law. Law Firm in Medicine Hat.īut families can avoid the damage of the breakup earthquake with legal options different from traditional divorce and separation methods. “The shockwaves of the breakup earthquake can start early with children very aware of the underlying conflicts,” says Janis Pritchard, a collaborative practice lawyer and mediator with Pritchard & Co. Toxic stress is never good, but it’s especially harmful to children because it can block or weaken brain development. When the breakup earthquake goes on and on, it can generate toxic stress. These feelings can tear apart family relationships in the same way an earthquake tears apart buildings, bridges and other structures. Depending on the seismic force of this breakup, anger, sadness, confusion and conflict reverberate through the family. When a couple breaks up, it sends shockwaves through a family. You can click here to read the article in Apple Magazine, or read the article below. The article was just published by Apple Magazine. Janis Pritchard was interviewed for an article about Collaborative Divorce and Mediation by Mike Fisher.
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