Seeking better divorce outcomes

New Glasgow - There's no question about it - divorce is a painful process for all involved. But a local law firm believes they've developed a new model that will keep people out of court and make the process easier on everyone, particularly children.
Mac, Mac & Mac in New Glasgow recently launched the Family Centre for Conflict Resolution, which offers alternatives to court like mediation, collaborative family law, settlement conferencing, private adjudication/arbitration and high conflict meeting facilitation, as well as the traditional family litigation.
Lawyer Leisa MacIntosh says the alternatives will give divorcing couples new options that they hope will lead to better outcomes. Through this process, they can also draw on services they might not otherwise have access to, like communication experts and children's services.
"It's such a highly emotional process, it's so stressful," MacIntosh said. "I've seen even the smartest of the smart, people you think have life under control, who don't always act the way we'd expect when going through a divorce. I really feel the system has been a negative influence on that, through the adversarial process we sometimes use."
And so far, it's been received very positively, including at a recent stop at a Divorce Fair held earlier this month in Halifax.
"This kind of service model just isn't out there in Nova Scotia," she said.
This process may also be cheaper than the traditional divorces that happen through the courts - MacIntosh says she's seen clients with price tags in the thousands of dollars range after going down that road - and it also aims to be faster.
"With family law, any judge will tell you we're at a crisis," she said. "We don't have enough judges or court resources. The court docket is overloaded because of all those issues."
That means getting a divorce through that system could take well over a year as the couples wait for court dates, all the while adding to the total cost of the process.
With divorces decided by the court, the decisions last as long as the ink's wet on the paper sometimes, because it doesn't always take into account what works for the family, MacIntosh added. This model can offer alternatives suited for the individual families.
Because couples can hash out the details around a boardroom rather than a courtroom setting - which tends to create a more confrontational attitude - the divorce could be achieved in just a few meetings, she said.
"And the kids don't hear about lawyers and court dates and being served with papers," MacIntosh said. "It cuts down on their worry. With this, they know mom and dad are making good, healthy decisions, and the parents can continue to be role models for their kids and show how they can deal with difficult decisions and not turn to conflict."
Still, there are certain legal requirements, like child support, which must be met, she added.
"I really believe that this is the way for 90 per cent of families - even for the high conflict cases," MacIntosh said. "We believe these are best suited for this model, rather than court."
To learn more about the process,
visit www.solutionsbeyondcourt.com.