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→Resolving the issues
==Resolving the issues==
There are a variety of ways to resolve the issues that arise when a relationship ends, the most common of which are negotiation, mediation, arbitration, and litigation. Collaborative law negotiation, which this resource also talks about, is sort of a cross between negotiation and mediation.
Litigation is a contest between two parties, at the end of which, following trial, there is a will be one winner and a one loser. That's a bit of a gloss on thingshow it all works, of course, but litigation really is a fundamentally adversarial process, pitting one litigant against the other in naturea battle about credibility, reliability, and if history. If the parties can't come to an agreement between themselves, a trial will eventually be held and a judge will impose a resolution on the parties.
With mediation and negotiation, it's the parties themselves people at the centre of the dispute who come up with the a resolution of their issues. Mediation in particular Both processes are cooperative since resolution is cooperative in nature, and requires both only possible with everyone's agreement. The parties to must commit themselves to a dialogue aimed at finding a solutionsettling their disagreements, knowing that neither will get everything they want. There is no winner and no loser, as mediation and negotiation both demand accommodation, and neither party gets exactly what they want; these processes are about compromise.
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, and the "cooperative divorce. " While these categories are not exactly exhaustive and are drawn from an American legal constructcontext, they are useful in discussing the impact of an a highly emotional separation on negotiation, mediation, arbitration and litigation.
===The cooperative separation===