You Have a Choice: How You Resolve Your Divorce Matters

Separation and divorce are always difficult, but the process you choose can make it easier or much harder. You have options, and how you resolve the issues will shape your experience, your future, and your family's well-being.

Collaborative Team Practice

The Collaborative Process is future-focused, respectful, and highly effective. Instead of blame, it emphasizes problem-solving and creativity. You and your spouse work with a team of professionals, lawyers, family coaches, and financial specialists, who help you create a resolution tailored to your family’s unique needs.

What makes it different:

  • Everyone commits to not going to court
  • The focus is on durable, mutually acceptable solutions
  • Lawyers are present to provide advice and support throughout
  • The process is structured, cost-effective, and emotionally supportive

In most cases, Collaborative Practice is the best way to reduce conflict, cost, and emotional harm.

Mediation

In mediation, you and your spouse meet with a neutral third party who helps you negotiate the terms of your agreement. This process encourages communication and cooperation.

Key points:

  • Your lawyer typically does not attend mediation
  • After mediation, your lawyer reviews the draft agreement before you sign
  • Mediation is effective, but may be less supportive if there’s a power imbalance

Some clients prefer Collaborative Practice because their lawyer remains involved throughout negotiations.

Lawyer-Led Negotiations

Lawyer negotiations are another way to reach a settlement outside of court. Sometimes this happens through letters and emails, other times through four-way meetings with both parties and their lawyers.

Benefits:

  • Often leads to a resolution without litigation
  • Gives each party legal support throughout
  • Can be effective when emotions are high

However, unlike Collaborative Practice, lawyer-led negotiations do not include a commitment to stay out of court. If talks break down, your case could still end up before a judge.

Arbitration

Arbitration is a private, court-like process. You and your spouse choose a neutral arbitrator, usually a senior lawyer or retired judge, who will hear your case and make a binding decision.

Key differences:

  • You have more control over scheduling and the process than in court
  • You still give up decision-making power to someone else
  • The arbitrator must follow the law, not creative or personalized solutions
  • It offers closure, but limits flexibility

Arbitration can be faster than court, but it is still costly and adversarial.

Family Court (Last Resort)

Family court should be your last option. It's expensive, slow, and emotionally taxing. The process is adversarial by nature and often increases the conflict between separating spouses.

What to expect:

  • A judge will decide the outcome based solely on legal rules
  • Little to no consideration is given to your personal goals or values
  • The process can take years and create long-term emotional damage

While we are fully prepared to represent clients in court, we only recommend it when no other resolution is possible.

Comparing Your Options

Here’s a chart that outlines the differences between each process, so you can make an informed decision about what works best for your family and your future:

Infographic of divorce options chart
Barrie

124 Dunlop Street West
Barrie, ON L4N 1B1
(705) 727-4242

Newmarket

1195 Stellar Drive, Unit 4
Newmarket, ON L3Y 7B8
(289) 319-0634

Oakville

209 Speers Road, Unit 13
Oakville, ON L6K 0H5
(905) 291-6634

St. Catharines

110 James Street, Unit 105
St. Catharines, ON L2R 7E8
(905) 291-5231

© 1993–2026 Galbraith Family Law Professional Corporation · All Rights Reserved

© 1993–2026 Galbraith Family Law Professional Corporation

All Rights Reserved

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