How are we going to do it

Our first chat is no cost, no obligation.

Its not a lengthy consult, its not a chance for free legal advice about how a particular issue will or should resolve, but it IS a chance to get our perspective of your current situation and to get you oriented to what the legal issues are, and what your options are – ie. how to MOVE FORWARD from where you are.

We see the huge positive impact when people have their questions answered, get the wild fears created from that Google search dispelled, get solid information, and then envision a real plan to get through this and out the other side.

No matter if you are considering separation, are in the middle or one, or it happened a few months ago and nobody’s done anything yet . . . two words: Don’t wait.

We can also help you with Unstructured Negotiations if that is what comes to pass. These are just negotiations between spouses that happen without any formal structure. Two spouses, maybe one or both have a lawyer – and they negotiate – often through letters, or offers back and forth. In our view this is sub-optimal and not our preferred process, but we do assist people with these.

We specialize in two forms of Structured Negotiation: Collaborative Divorce and Family Mediation.

COLLABORATIVE DIVORCE

Settlement discussions occurring between the spouses, each having their own specially-trained Collaborative lawyer in the meeting with them . . .

FAMILY MEDIATION

Settlement discussions occurring between the spouses and a jointly-hired neutral professional called a Mediator. The parties usually also have their own lawyers but generally they are not present in the meetings themselves . . .

ONCE YOU’VE READ about both COLLABORATIVE DIVORCE and MEDIATION – WATCH this brief video contrasting the two.

Many families present in a relatively stable state, often neither party has moved and they haven’t made any big changes to finances, assets or how bills and expenses are paid.  Some arrive with a pressing time-sensitive or other issue that requires focused problem solving.  Some have functional communication and low conflict, others have zero communication and high conflict behaviours.

We strongly believe with the right supports in place virtually every family of every profile can resolve their issues without court.

The list of issues and things-to-resolve may be longer than you might initially imagine, but no matter how complex your family or your finances – the list is finite!  Eventually through diligence and perseverance the issues will be “resolved” in draft form.  It is not yet binding on the parties, that requires a written Separation Agreement.  The draft deal or draft agreement is complete when the parties reach a comprehensive set of settlement terms.

Whatever you call it – it means all things have been worked out BUT now its time for the next steps to CAPTURE and MAKE ENFORCEABLE the terms of the settlement. 

There is a direct relationship between the complexity of the drafting, and the time and cost involved. After the draft is prepared it is published out to the parties and their counsel. In the case of a Collaborative matter, the parties and the lawyers decide who best to do the first draft – and usually either split the cost of that discrete task, or compensate the party who’s lawyer does it in some other way.

After each party reviews the draft agreement with their counsel, there is a hopefully brief round of edits, corrections, changes (hopefully minor) to produce a final mutually acceptable document. The document must be clear and understandable to the parties and any other future readers. Signatures only happen once counsel has assured themselves that their client understands each term and more importantly the effect of the terms together, and how those terms may align with or differ from the likely outcome of the same issue being resolved by a judge at court.

This is the core purpose of legal advice – not to make the client adhere to what the law provides – often the law provides blunt answers inappropriate to the parties and their goals – but that the person knows how their deal compares to what the law might do with them and their family and their issues.

After that, we will of course assist you with any help you may need to perform the terms of settlement, using our extensive experience and knowledge of the transactions and protocols involved.

SOME REAL TALK: We hope the detail we have provided about the journey has the intended effect – to reduce anxiety about the unknown and give you some sense of confidence that it is all very doable. We also hope is helps you have realistic expectations on timelines.  The whole process – from Hello to final signatures on a properly negotiated, carefully considered, expertly prepared and enforceable Separation Agreement – simply cannot be done in a matter of weeks.  As we said earlier – these issues are the pillars of your life, you shouldn’t seek a quick fix here.

That said, neither should it take years. It will very likely, realistically, require a matter of some months – the final duration being made shorter or longer by the complexity (more complex = longer), the ability to get people to engage with the process (no engagement = slower), speed to acquire the information needed (missing info/docs can bottleneck us), and the level of conflict (higher conflict = more management of problems created by conflict = progress takes more time).

Our objective – what we apply our experience, methods and skills towards achieving for you – is to keep things moving, the conflict low, and people engaged towards final closure and moving on.