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Separating Emotionally

5 bytes added, 14:32, 13 March 2020
Resolving the issues
Unless there is a pressing and desperate urgency, in my opinion, negotiation, mediation, and arbitration are generally to be preferred over litigation. Curiously, this view is shared by a lot of other family law lawyers. The Canadian Research Institute for Law and the Family published [https://prism.ucalgary.ca/bitstream/handle/1880/107586/Cost_of_Dispute_Resolution_-_Mar_2018.pdf?sequence=3&isAllowed=y a study] in 2017 examining the views of 166 lawyers from across Canada on the use of mediation, collaborative negotiation, arbitration, and litigation in family law disputes. These lawyers said that mediation, collaborative negotiation, and arbitration were all faster, more efficient and cheaper than litigation, and that mediation, collaborative negotiation, and arbitration were all more likely to produce results that were in the interests of their clients, and in the interests of their clients' children, than litigation.
In ''The Truth about Children and Divorce'', Dr. Emery describes three general categories of divorcing couples: the "''angry divorce;" '', the "''distant divorce;" '', and, the "''cooperative divorce''." While these categories are not exactly exhaustive and are drawn from an American legal context, they are useful in discussing the impact of a highly emotional separation on negotiation, mediation, arbitration and litigation.
===The cooperative separation===