Collaborative Divorce

A healthy process for you and your family

Divorce is never easy, but it does not have to be a battle. The Collaborative Divorce Process offers a constructive and dignified approach to resolving family disputes, with a strong track record of success.

In this process, each party retains a collaboratively trained lawyer who specializes in interest-based negotiation and mediation. Rather than working against each other, the lawyers and parties collaborate as a team to reach a resolution that benefits the family as a whole. 

By choosing collaboration over litigation, you avoid the high financial and emotional costs of litigation and the devastating impact it has on children. Unlike in court, your case remains private and confidential and you retain greater control over the outcome. The process allows both parties and their lawyers the freedom to be creative and customize solutions that uniquely suit their family’s needs.

This approach is holistic, addressing not only legal matters but also the financial, emotional and social well-being of the entire family. The parties can choose to engage other professionals, such as a neutral financial specialist, divorce coaches, and/or a child specialist, to provide additional support.

 FAQs

  • A Collaborative Divorce is a voluntary and confidential process where both spouses work together with their collaboratively-trained lawyers to reach a mutually acceptable settlement. The parties commit to providing honest and open disclosure of relevant information, and to resolving the issues in a respectful and cooperative manner without going to court.

  • Some of the main benefits of the collaborative process include:

    • Faster Resolution: Avoid lengthy court proceedings, including uncertainty and unexpected delays.

    • High Success Rate: The Collaborative Process has a high success rate (around 90% settled in the process according to international statistics).

    • Cost-Effective: The Collaborative Process is in most cases less expensive than litigation.

    • Reduce Stress and Conflict: The process encourages collaboration and fosters open communication and solution-oriented discussions.

    • Better for Co-Parenting – Helps maintain a positive relationship for effective co-parenting, creating a healthier and more stable environment for the children

    • Privacy and Confidentiality – Discussions and agreements remain confidential, unlike in court.

    • Transparency: Both parties commit to providing honest and complete disclosure of relevant information by signing a legally-binding Participation Agreement.

    • Support from Professionals – Neutral experts (financial, mental health, child specialists) can assist in decision-making at a more cost-effective rate than lawyers.

  • The collaborative process is not suitable for all cases. Both parties should be willing to negotiate in good faith with open communication and mutual respect. The process may not be appropriate if there is a history of family violence, extreme power imbalances, or if one party is unwilling to engage in the process.

  • During the process, the parties may choose to engage other professionals to guide them through the divorce. The following professionals may be retained as part of the collaborative team:

    Divorce Coaches
    Divorce Coaches are mental health professionals trained in collaboration and mediation who help spouses improve communication during separation. They can provide individual support and assist in creating parenting plans.

    Financial Specialists
    Financial Specialists, such as financial planners or business valuators, provide neutral guidance on asset division and long-term financial planning. They help spouses understand financial implications and ensure fair decision-making.

    Child Specialists
    A Child Specialist can help parents understand their child’s perspective and develop a parenting plan that prioritizes their welfare.

  • The length and cost of a Collaborative Divorce depend on various factors, including the legal issues involved, the complexity of the case, and the dynamics between the parties. In Melissa’s experience, most cases have been resolved within 6 to 12 months, with costs typically ranging between $7,000 and $20,000. However, some cases have had a lower cost, while others have exceeded this range, depending on individual circumstances. Melissa’s hourly rate is $400 plus tax.

  • Melissa is an active member of Collaborative Divorce Vancouver, the BC Collaborative Roster Society, and the International Academy of Collaborative Professionals (IACP).

    In 2019, she completed Collaborative Practice Training through the BC Collaborative Roster Society, along with over 100 hours of mediation coursework, earning accreditation as a family law mediator with the Law Society of BC.

    Since then, Melissa has successfully guided clients through dozens of collaborative cases, helping them reach amicable and tailored resolutions without litigation.