Frequently Asked Questions

Out of Court Divorce is a type Collaborative Mediation which combines aspects of the traditional two lawyer system, mediation, parent coordination and Arbitration to achieve results. It is an effective no-court approach to resolving legal issues which is based on clinical research and client feedback. In the context of separation and divorce, it helps protect the dignity and long-term interests of all family members involved.

It is a process in which the parties and their lawyers agree in writing to cooperate to create agreements that resolve the issues. No one goes to court or uses threats of court. Instead, Family Lawyers, Divorce Coaches and Financial Specialists, and Mediators work together to help couples and families through separation and into a positive, conflict-free, two-household future.

• Out of Court Divorce can reduce your stress and legal costs by helping you navigate conflict quickly and effectively

• Protects children from the harmful effects of divorce and models healthy communication

• Can give you control of the process and the outcome

• You can maintain your privacy (your agreement stays private)

• Helps you establish healthy relationships and a respectful, positive way forward

• Encourages a win-win outcome that is best for all family members

Even though most matters are settled out of court, the process is adversarial – which is completely different from Out of Court Divorce.

With adversarial (traditional) divorce:

• Your lawyers represent you separately, aiming to get you a better deal than your spouse (win-lose situation)

• You and your partner communicate through your lawyers through the litigation process, rather than talking directly with your spouse

• Your negotiations are often constrained to to the process of traditional litigation, which also includes threats of court

• Oftentimes, settlements are reached at the last minute, which is emotionally stressful and usually expensive

• The traditional process can create bitterness, resentment, and anger that lasts for years after settlement

With Out of Court Divorce:

• Your lawyers can still help you but we work together, aiming to create the best possible agreement for the whole family (win-win situation)

• You and your partner negotiate directly, with the support of highly skilled specialists that make sure everyone’s needs are heard (so, you don’t need to have lawyers at the table with you)

• You and your partner control the process instead of court-based rules and schedules, so that you both have better control over the outcome as well

• Divorce coaches provide you with emotional support that can lower stress and reduce costs by helping you resolve conflict and reach an agreement much quicker

• Collaborative process can heal bitterness, resentment, and anger while modelling effective and healthy communication for your children

In mediation, although the main goal is to resolve the issues in dispute, the threat of litigation & court still exists. Either party may decide to terminate the mediation and go to court. In signing the KDK Out of Court Collaborative Mediation Participation Agreement, all parties, along with their lawyers and other professionals involved, agree, and commit in writing to reach a resolution without litigation or threats of it. In mediation alone, there is one neutral third party who leads the process. Click here for more information on Mediation

In the Collaborative Process, both spouses can choose have their own lawyer present at online meetings. The main goal is to cooperate and reach agreements together, without the threat of litigation & court. Both spouses have access to a holistic team of financial specialists, child/parenting specialists, divorce coaches and lawyers with specialized training in Collaborative Mediation Process.

Out of Court Divorce and mediation share a few similarities. They are both interest-based, rather than position-based, forms of negotiation and resolution.

The traditional litigation court process is based on an adversarial system. This means that each party’s lawyer aims to get you a better deal than your spouse (win-lose situation) without considering the interests of the other party. If a case goes to court, each party is subject to cross-examination by the other spouse’s lawyer. The decision-making power rests on the judge. The parties have little control over the process and ultimately, the outcome.

The Out of Court Divorce™ process enables the parties to have more control over the outcome and make more arrangements that are best for you, your spouse, and your children.

Collaborative Mediation is a private, confidential process while traditional court process is public. It is a cooperative process where both spouses work together to achieve agreements, resolutions or settlements.

The Cost of Services depends on the complexity of your matter.

If your child has been abducted, you need to call the police and speak with a senior lawyer. If you and your spouse are living under one roof and have complex assets, you might speak with a couple’s senior lawyer. Maybe your situation is simple, and you require a legal information session with a financial specialist or mediator.

Our services and prices are listed here: pricing

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You can also email our Intake Specialist Dexter who will help you to book in with a qualified expert now. Call now Canada 1-866-KDK-LEGL Saskatchewan 306-546-4444

You can also start with a free 15-minute Clarity Conversation with an Out of Court Divorce expert here BOOK HERE

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