The Six Process Options
Once the decision had been made to leave the marriage, there are Six Process Options to move you through separation and/or divorce. After Anne has reviewed the facts and your objectives with you, she discusses all your options with you in detail and makes her recommendations; however the decisions you make are always your choice.
To find out more, select an option below and click to expand.
Collaborative Process (also known as Collaborative Practice or Collaborative Law)
The two parties and their two lawyers work together as a 4-way team to resolve the issues. While the collaborative process involves a team approach, Anne still considers herself her client’s advocate. In this process, the decisions remain in the hands of the parties.
The two parties sit down with a third party, the mediator, who facilitates the negotiation of an agreement that is fair to both. Decisions are in the hands of the parties. In mediation, each party also needs their own lawyer to provide independent legal advice. When Anne acts as a mediator, Anne provides a great amount of legal information, which can save the parties significant costs to their lawyers.
Each party retains his/her own lawyer. Negotiations are conducted through the lawyers to reach agreement. Decisions are in the hands of the parties. In this process, Anne works to maximize a negotiation process that is cooperative and constructive. Court is an option if this process fails.
Both parties agree to go to mediation. If they fail to reach agreement, the mediator becomes the arbitrator (i.e. changes hats), a hearing is held and the arbitrator decides on all the issues. Decisions are no longer in the hands of the parties.
Parties can decide on having their case dealt with through a hearing in front of an arbitrator. This is an adversarial process that employs lawyers from the Bar, such as Anne, rather than a judge. Decisions are in the hands of the arbitrator.
If any or all of the above processes fail, the parties can go to court and a judge decides on the terms of their separation. This is the adversarial process. The decisions are in the hands of a third party: the judge or the arbitrator. NOTE THAT, in all processes outside of Court, CONFIDENTIALITY is preserved. In the court process, the client’s information including financial information can be accessed by the public through the court file.