Generally, these are the general features of a CFP:

Both parties consult a family lawyer trained in the collaborative process and accredited by the Singapore Mediation Centre. Here, each party will discuss whether the collaborative process is suitable for your circumstances.

If suitable, both parties will undertake not to go to Court. This negates the threat of litigation, which is hostile to an ideal negotiated outcome.

Trust is of paramount importance. Both parties must make a full and frank disclosure of any relevant information.

Discussions are “privileged” information and confidential. This means that any discussions and documents cannot later be used in Court should there be no settlement. An exception to this rule relate to the disclosure of financial documents.

There should be minimal correspondence between the parties and their respective lawyers, apart from the exchange of meeting minutes and points of discussion for subsequent meetings.

Once a settlement has been agreed upon, the lawyers will draft a settlement agreement, which will be filed in Court as a draft consent order.

Upon review and approval of the Court, this draft will then be turned into a legally binding and enforceable Court Order. (INSERT TABLE)

There is no short answer to the question of choosing between divorce mediation (also known as “family mediation“) and the collaborative process. Much depends on the specific facts and circumstances of the situation that the couples find themselves to be in.

However, one of the key aspects where they differ is the possibility of legal representation. If negotiations through the mediation process are unsuccessful, the respective lawyers may proceed to file for divorce with the Family Court and leave the decision in the hands of the judge. In contrast, through the Collaborative process, if negotiations fail, their legal representatives are not allowed to represent the couples in the divorce proceedings. Another lawyer has to initiate the process. This disincentives parties from terminating the CFP process and removes any possibility of CFP lawyers financially profiting from any future litigation. Further, lawyers who are not trained in CFP may not be as familiar with reaching a fair and sustainable long-term agreement under the CFP.

Apart from legal representation, mediation, unlike the CFP, still forms part of the litigation system. In mediation, the role of the respective lawyers are still, to an extent, advocates in an adversarial role, albeit to a smaller extent compared to litigation in court. This is primarily due to the difference in the role of lawyers stated in the preceding paragraph. In contrast, through the CFP, the role of the family lawyers is to actively facilitate a settlement whilst ensuring that the parties’ interests are protected.