)%20(16%20%C3%97%2020%20in).png)
An Introduction to Consensual Dispute Resolution
In British Columbia, spouses are legally obligated to try to resolve their case out of court after
separating. The 4 main issues that need to be addressed after separation are child support,
parenting arrangements, spousal support, and division of property and debt.
All legal issues arising after separation can be settled outside of court using one of the 4
Consensual Dispute Resolution Processes (“CDR”). These processes are voluntary and
spouses must agree to the CDR process.
How is Consent-Based Dispute Resolution different from a court action?
Litigation (or court actions) are adversarial by nature. Separated spouses committed to an
amicable divorce often find themselves mired in conflict and alienation from one another. While spouses may settle after litigation has started, the “win-loss” mentality can erode any goodwill between the parties. Mistrust and conflict between spouses are especially harmful when they co-parent children after the legal issues have been resolved. CDR should be used from the start of the resolution process whenever appropriate** so that the parties have control over the outcome of the resolution. Using CDR can preserve or increase goodwill between spouses, assist with a healthy transition to two homes (with or without children), provide customized solutions for a family’s unique needs; spend legal fees efficiently, and help each spouse plan for the future once a settlement has been reached.
The 4 Consensual Dispute Resolution Process Options in British Columbia, Canada.
Kitchen Table Agreement - Direct negotiation between parties without professional assistance.
Mediation (With/Without Lawyers) - Neutral facilitation by a mediator, with or without involvement of lawyers to assist.
Collaborative Divorce- Collaborative approach involving lawyers and other professionals to reach mutually beneficial outcomes.
Lawyer-to-Lawyer - Negotiation Representation by lawyers in negotiations, advocating for their respective clients interests.
The Pros and Cons of CDR Process Options:
1. Kitchen Table Agreements:
a. Pros: Simple, cost-effective, parties have complete autonomy in reaching the final decisions.
b. Cons: Little to no legal guidance for spouses, creating a potential for imbalance or unfairness in the result.
2. Mediation:
a. Pros: neutral facilitation of discussion between spouses, potential for creative solutions that address the family’s unique circumstances, shared cost of a mediator.
b. Cons: since it requires cooperation between parties, it may not work for high- conflict situations or where one spouse will not disclose necessary information
3. Collaborative Family Law
a. Pros: emphasizes cooperation and mutual respect, flexible and holistic approach, educational and empowering with a team of interdisciplinary professionals supporting the spouses.
b. Cons: requires a willingness to collaborate and cooperate; some level of trust remaining between the spouses.
4. Lawyer to Lawyer Negotiation
a. Pros: Spouses get legal advice and advocacy for their own positions and interests
b. Cons: can escalate conflict quickly, may be costly, spouses usually have fewer settlement options to choose from, and less control over the outcome.
Note: often done in conjunction with a court action (although not necessary). sometimes will transition into mediation.
Each Conflict Dispute Resolution (CDR) process option offers distinct benefits and can be suitable based on the complexity of the issues, the willingness of the parties to collaborate, and the need for legal representation and guidance. It is important for parties to consider their specific circumstances and consult with legal professionals to determine the most appropriate approach for their situation.
At Clarity Family Law, we offer four CDR process options to our clients. Talk to us today to see if one of our collaborative law or mediation packages is right for you.
Comments