For separating couples
Process choices for separating couples:
Collaborative Practice |
Mediation |
Negotiating in Court Process |
Court |
|
Basis for making decisions |
What is important to the clients | What is important to the clients | Laws, Rules of Court and positions | Laws and Rules of Court |
Measure of success |
Solutions acceptable to both clients | Solutions acceptable to both clients | Both clients try to win | Both clients try to win |
Role of Lawyers |
Present to help each client negotiate and communicate effectively with each other and give independent legal advice preferably through the four way meeting | Rarely present; review summaries in between sessions; give independent legal advice; mediators and lawyers sometimes work at cross purposes | Lawyers present and control communication between parties | Lawyers present; examine and cross-examine witnesses, argue |
Role of Neutral Experts (e.g. Child Specialists, Financial Consultants, Valuers) |
Clients choose if they need more information to make informed decisions or to use an expert/arbitrator to determine or assist in the determination of an issue which cannot be agreed | Rarely present | Usually neutral – although sometimes Court allows each client to hire their own expert | Usually neutral – although sometimes Court allows each client to hire their own expert |
Who makes final decision |
Clients | Clients | Lawyers and clients | Judge |
Likelihood of going to Court after separation (the Canadian experience) |
<5% | 10-20% | 40-50% | 90% |