An Edmonton lawyer is leading the charge in revolutionizing the divorce process, offering a more efficient, cost-effective, and collaborative approach. This groundbreaking method, implemented as a pilot project in Alberta, involves both parties working with a single lawyer to reach a mutually beneficial divorce agreement. This innovative approach is believed to be the first of its kind in Canada and perhaps all of North America.
Melissa Bourgeois, from One Family Law, explains that while popular culture often portrays divorce as a battle where each person hires a separate lawyer, the reality is that family law is about families coming together. In an effort to avoid unnecessary conflict and recognize the hardships already experienced, the couple meets jointly with one lawyer to find a resolution that works for everyone involved.
Drawing inspiration from the successful implementation of the one-couple, one-lawyer model in the United Kingdom, Bourgeois sought to introduce this approach in Canada. After presenting her proposal to the Law Society of Alberta in 2020, she received approval to run it as a pilot project. This shift in thinking represents a significant paradigm change, and although it carries some risks, it also addresses the growing need for access to justice due to overloaded courthouses and overwhelmed lawyers.
Unlike traditional divorce proceedings that can be financially and emotionally draining, the one-lawyer model offers a streamlined process. With a total cost of $5,000 and a duration of six weeks, this approach is far more affordable and timely. Bourgeois emphasizes that people today lack the resources and time for extensive legal battles. The process involves both parties agreeing to hire a lawyer jointly, providing relevant background information, drafting a settlement that meets everyone’s needs, and filing necessary paperwork. The focus is on finding a resolution that benefits both parties rather than advocating for one side or acting as a judge.
Bourgeois highlights the increasing demand for a more co-operative and cost-effective divorce, particularly when children are involved. She challenges the traditional notion of divorcing parties as opposing enemies, suggesting that co-parents should not be considered adversaries. Instead, she believes in offering impartial legal advice to both parties, enabling them to work together in finding a resolution that allows for healing and the development of a healthy co-parenting relationship.
The One Family Lawyer model, which has already served 16 Alberta couples, is poised to make a significant impact on divorce proceedings. Bourgeois hopes to formalize this approach and expand it across Canada in the future. Similar to the UK experience, she anticipates that this model will become the dominant family law approach over time.
The feedback from clients who have experienced the one-lawyer model has been overwhelmingly positive, with many expressing gratitude for this alternative and collaborative approach. Bourgeois finds immense satisfaction in practicing family law in this peaceful manner. She believes that this method is what people have been waiting for, as it challenges the adversarial nature of divorce and offers an opportunity for a more amicable and mutually supportive separation.
In conclusion, this pioneering one-couple, one-lawyer model of divorce introduced by an Edmonton lawyer is transforming the way divorces are handled. It offers a cooperative, cost-effective, and timely alternative to traditional adversarial litigation. By emphasizing collaboration, this innovative approach aims to prioritize the well-being of families and pave the way for healthier co-parenting relationships.
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