Adversarial System in Canadian Family Law: A Comprehensive Guide

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Rethinking “Lawyering Up”

  • Control the Process: Working with a mediator and CDFA, you and your spouse maintain control over the process, making decisions collaboratively instead of dictating them by attorneys or the court.

  • Financial Clarity: A CDFA brings financial expertise to your case, helping you understand financial decisions’ short- and long-term implications.

  • Comprehensive Disclosure: These professionals guide you in gathering necessary disclosure documents, ensuring no financial stones are left unturned before consulting a lawyer.

  • Focused Negotiations: Mediators help parties stay focused on their real intentions and the main issues, preventing distractions from the path of resolution.

  • Cost-Effective: Mediation and financial analysis can often be more cost-effective than immediately “lawyering up” while offering comprehensive guidance.

  • Reduced Animosity: Opting for mediation first may reduce the antagonism between parties. The traditional “lawyering up” approach can create an adversarial atmosphere that fuels hostility.

  • Holistic Approach: Mediators and CDFAs consider monetary and non-monetary aspects, such as children’s welfare, providing a more holistic view of your situation.

  • Informed Legal Decisions: A solid understanding of your finances and intentions empowers you to make more informed decisions when seeking legal advice.

  • Protection of Rights: The modern family law system ensures your rights are protected – consulting a mediator or CDFA first doesn’t negate this protection.

  • Better for Children: Focusing on finances and children first helps create a more stable environment during this transition, which is often better for children.

Remember, the goal is to make your divorce or separation as smooth as possible for all involved. Therefore, starting with a mediator and CDFA might not be the traditional route. Still, it could be right for you, providing clarity, control, and a comprehensive view of your situation before you step into a lawyer’s office. As always, every situation is unique, so consider your options carefully and seek the best approach for your family.

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Adversarial System: The Gladiator in the Coliseum
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Adversarial System: The Gladiator in the Coliseum