Collaborative law much better divorce solution than litigation

On behalf of Peterson Stark Scott posted in Collaborative Law on March 5, 2019.

Resolving legal issues out of court is the ideal situation when it comes to the divorce process. The collaborative law process in British Columbia encourages couples to work with specialists to come to some consensus on difficult issues that accompany divorce, such as child support and custody. The collaborative process offers a safe place for former couples to reduce any conflict that may arise from these discussions.

Court should be a last resort for divorcing couples. When a judge makes decisions for a couple, it takes away any control they may have. The decisions made by a family court judge may actually make matters worse and fuel anger and resentment. The irony is that the couple usually wants conflict resolution and taking matters to court may just escalate those conflicts.

Parenting issues are personal ones and when parents meet the collaborative process with the same goals of doing what is in the best interests of their children, they may be able to avoid court altogether. Collaboration needs to be met with self control, co-operative behaviour and self-evaluation. Spouses have to agree to work to coming to solutions. Both parties must agree to the process. 

A British Columbia lawyer experienced in collaborative law uses co-operative means to help foster an agreement. They will focus on potential solutions considering both partners’ needs while focusing on legal rights. Collaborative lawyers also agree not to go to court, so they are committed in helping a couple to reach a settlement. They will also draft an agreement for presentation to the court should the couple be able to resolve their issues.

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