Kitchen Table Discussions

This is the way most families resolve problems when emotions are not getting in the way of common sense. 

Discussions are held between the two parties, and once agreement is reached the agreement is documented and checked by a lawyer before lodging with the Court.

The advantages of this approach include simplicity, empowering the parties, low cost and little delay.  However many people are not in an emotional position to conduct such negotiations, they may not have access to sufficient information or advice to be connfident that their choices are appropriate.

Mediation

The aim of a mediation is to enable couples to reach agreement with the assistance of a neutral third party mediator. Each of the couple may use a lawyer as a consultant advisor, usually outside the mediation process.

A mediation relies on each person being able to articulate their case and really requires parties to be relatively equal in their respective position of power.  While the mediator will control the meeting many people may find difficulties in acting as their own advocate in such circumstances.

Collaborative Law

Couples and lawyers meet together in a four way meeting.  A contract between all parties is established in which the lawyers covenant to withdraw from acting for their respective clients should the negotiation fail and the matter go to litigation.

The solicitors are trained to facilitate the negotiation and assist the couples to understand the respective interests and generate options within and without the traditional legal models.

The chief advantage of this approach is that the parties are empowered to control their own destiny and come to solutions that that meet their interests.  It seeks to avoid the destruction of the ongoing parenting relationship that frequently must survive the family law process.

Lawyer to Lawyer Negotiations

Lawyers representing each a party seek to advance to position of their client to work towards a negotiated agreement.

Lawyers may hold out the threat of litigation or may indeed file proceedings with the court.

Proposals presented are usually based on a common legal model of likely litigated outcome rather than individual needs or interests.

Going to Court

Whether a matter is presented in a Legal Court of a Private adjudication such as Arbitration, this is where the most difficult of matters end up for a decision by a neutral third party judge.

The decison is based upon the common legal model and the couple has little control over the process or the outcome.

To ensure procedural fairness extensive court rules lead to excessive cost of compliance.  Delay and inflexibility are the hallmarks of a litigated matter.