Most cases settle outside of court - but the question is WHEN??

In our province, between 95% and 98% percent of the cases filed in the court system settle before going to trial. Most lawyers settle the cases they are working on. But the important question is when do the cases settle? Is it after parties have already spent tens of thousands of dollars and hate each other? Is it after the stress of the court case has made you throw in the towel? After you're too tired to proceed?

In Collaborative Process, the focus is always on settlement. What resolutions will work for both parties? What information do people need to make good decisions? How can we time things to save money and sanity?

From the beginning, Collaborative Process is designed to streamline settlement talks. In the Participation Agreement, the parties and their lawyers contractually agree to make full disclosure of all financial information and other relevant facts. The lawyers cooperate to make sure that all the information needed to make good decisions is available to all parties. If there is a dispute about the law, the disputes are addressed directly in a 4 way meeting with the lawyers and everyone turns to problem solving mode to find a resolution that works. If there is a dispute about the kids, the same process happens with the divorce coaches. Sometimes it is necessary to bring in a neutral financial expert or a neutral child specialist, as those professionals can help with specialized information that can break deadlocks.

The problem solving focus of Collaborative Process is what attracts many families. They know that the money spent on their professional advisors is being used for settlement, not tactical battles. Many settlements can be achieved much faster than the litigation process and certainly much less expensively.