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The Calgary landscape has shifted with emerging practices offering a multidisciplinary or
multi-service approach. Modern Divorce has aspirations of redesigning the business
model to provide additional services, co-working with additional divorce professionals, and
mentoring emerging mediators.
Market Analysis:
Provincial and National Affiliation bodies
• Alberta Family Mediation Society1
o Registration body for Alberta practicing mediators
o Continuing competency requirements and parent coordinators
• Family Mediation Canada2
o Offers three membership streams
o Recognized internationally
• Alternative Dispute Resolution Institute of Alberta (ADRIA)3
o Professional membership body for mediators and arbitrators in Alberta
o Provides training and designations for mediators and arbitrators
Separation and divorce are complex experiences informed by legal, mental health, dispute
resolution, and cultural dimensions. Divorce requires individuals and families to make
adjustments in the legal, spousal, parental, economic, social and emotional domains.
Necessary skills to support a separating family include knowledge of family law,
understanding the impact of family conflict on adults and children, knowledge of child
development, domestic violence, child abuse and neglect, and cultural awareness.
The impact of divorce on children is a widely researched topic. While different studies
reported varied findings with respect to the extent and duration the impact of divorce may
have on a child, the consistent theme highlighted that divorce increases the risk for
adjustment problems in children and adolescents. Factors that implicated the resiliency of
children and adolescents were all related to the functioning of the family relationships post-
divorce including economic stability, mild parental conflict, an authoritative relationship
1
https://afms.ca/become-a-member/
2
http://www.fmc.ca/family-mediation-canada
3
https://www.adralberta.com/Membership
Modern Divorce July 12, 2018 2
Strategic Plan 2018-2023
with at least one parent, parental psychological well-being, and a good relationship with
the non-custodial parent.
Following economic stability, researchers consistently identified low parental conflict as the
strongest protective factor against childhood maladjustment including behavioural,
emotional, psychological, and academic difficulties for children of divorce. Findings further
demonstrated the degree of hostility experienced in the divorce process and levels of
satisfaction with financial support was correlated with the degree of conflict in the post-
divorce relationship. Divorce education programs moderately contributed to reduced
conflict and improvements in co-parenting.
Mediation enjoys a solid base of research supporting its contribution to containing parental
conflict. Outcomes of research clearly point to the benefit of adopting a systems approach
to address the multifaceted needs of a divorcing family. Interventions will likely have a
greater impact on children if they seek to contain parental conflict, promote healthy
relationships, enhance economic stability, and when appropriate, include the voice of the
child to develop individualized decisions.
With respect to the second question identified in the purpose of this research study, which
addresses the legal aspect, the research consistently pointed to the role of collaborative
law. Collaborative practice within a collaborative law framework emerged in the 1990’s as
a response by legal, financial, and mental health professionals to mitigate concerns
regarding the traditional divorce process. This model is unique in that separating parties
sign a confidentiality agreement and complete a participant agreement, whereby they
agree to not to go to court, and if they choose to, then the collaborative law professionals
do not proceed with their case. Each party has their own lawyer, financial advisor, and
mental health or divorce coach, and they share a child specialist who acts as the voice of
the child to foster child-focused resolutions. The entrance point is through the lawyer who
typically is the key influencer in the collaborative law office or network.
In Alberta, efforts to reform the Family Justice system have been undertaken in
collaboration with the government, Courts, academics, and various professionals in
response to the resource limitations of the Courts and the financial and emotional toll on
divorcing families. Outcomes of these community consultations highlighted the need for
increased awareness and collaboration of services for families. Recently, in Alberta, a
new Navigator position was hired by Alberta Resolution Services to support families to
obtain appropriate dispute resolution and professional services. There continues to be a
push for family law reformation whereby the legal profession is not the primary or initial
profession secured by divorcing couples. Instead, there would be greater interdisciplinary
collaboration and use of alternative dispute resolution services. In response to family law
reforms in British Columbia, provincial dispute resolution services relocated out of the
Courts into community based settings. Consequently, referrals from the Courts to the
provincial mediation program declined. Currently, the alternative dispute resolution
services is in the process of moving back into the Courts to increase awareness and
utilization of the program.
Recommendations:
As previously noted, outcomes of research clearly point to the benefit of adopting a
systems approach to address the multifaceted needs of a divorcing family.
2. A central intake would enhance the assessment of needs and determine the appropriate
professionals to address and support the presenting issues, within the interdisciplinary
practice. An Intake Coordinator can obtain appropriate confidentiality waivers and triage
files. This will foster a streamlined and comprehensive approach where both the family
and professionals time are best used and issues are prioritized and most skillfully
addressed.
5. Allow for a flexible and adaptable model responsive to changing family justice, cultural,
and economic trends.
An online review of Calgary and area mediation / multi-disciplinary divorce practices was
conducted. Of these establishments, it was difficult to conclude if more than one
professional worked at the establishment, or if the individual possibly had numerous
certifications and could provide a variety of separation / divorce related services.
Competitive'Analysis'7'Interdisciplinary'Services
Name
Collaborative+Divorce+Alberta+
Association
x x x x x
x x x x x
Empower+You
x x x x x
Fairway+Divorce+Solutions
Fresh+Start+Divorce
x x x x
KidsFirst+Resolution
x x x x
Leap+Divorce+Solutions
x x x x x
Peace+Makers+for+Families
x x x x
Positive+Choices+Counseling
x x x x x
Resolve+Legal+Group
x x x
WinGWin+Divorce+Resolution
x x x
Divorce+Filing
Coordination
Legal+Advice
Arbitration
Counseling
Mediation
Paralegal+
Financial+
Coaching
Conflict+
Support
Parent+
Advice
Other
Service'Provided:
Other:'supervised'visitation'services,'workshops,'client'support'services,'parenting'assessment
SWOT Analysis:
Strengths:
The following are existing strengths which will support Modern Divorce in leveraging
opportunities for growth as it seeks to grow in providing additional services and as a
mentor.
Weaknesses:
The most significant impediments, which will require additional time and attention, include:
• Passion: lack of commitment, lost faith in system, development and follow through
with goals
• Setting boundaries with difficult clients = non-billable time
• Limited availability for work = limited cashflow
• Attention to detail
• Responding to communication
• Knowledge of local competition
• Office space - environment and facility
• Legal expertise
• Business knowledge / strategic planning
• Referral network
Opportunities:
Threats:
• Interventions will likely have a greater impact on children if they seek to contain
parental conflict, promote healthy relationships, enhance economic stability, and
when appropriate, include the voice of the child to develop individualized decisions.
• Interdisciplinary practice groups create a rich pool of resources upon which can be
drawn the expertise and process options to help a family resolve the legal,
emotional, psychological, and financial difficulties of the separation or divorce.
• Collaborative practice allows lawyers to participate as healers of conflict. Despite
the challenges, creating an environment of interdisciplinary collaboration may
foster overall wellbeing by combining the strengths of each discipline.
2: Strategic Direction
Core Values:
These values will provide the foundation for all future planning and decision making for
Modern Divorce. They will set the tone for who we are and how we do business.
Vision Statement:
Mission Statement:
Core Values:
Future-‐
Innova?on
Collabora?on
Integrity
Efficiency
Focused
Develop
a
model
which
allows
lawyers
to
par?cpate
as
healers
of
conflict,
Organizational Outcomes and Key Performance Indicators
such
as
a
collabora?ve
lawyer.
Program: Operations
Director Responsible: Susan Deduluk