The Realistic Approach

Before Fairway, you had two extreme choices for settling your divorce — the all-out-war of a legal battle, or the “friendly” approach where you sit down together to figure things out. But what if you don’t want a war, and you are uncomfortable being with your spouse?

In the Fairway model, you negotiate a solution step-by-step, but for most of the process without your spouse present. Each partner meets independently with the Fairway facilitator, who maintains a neutral position between the two of you. That leaves you free to fully express your view of the situation, without feeling intimidated or getting caught in any bickering. Your negotiator helps each of you find your way to a middle-ground position that is acceptable to both. Once that position is agreed on by both parties, you then move to the next issue.

About Mediation and Collaborative Law

Make no mistake, Fairway’s process is completely different from traditional Mediation and Collaborative Law.

These two alternatives are attempts to fix the problems of traditional divorce without changing the fundamental structure. They are both better than a legal fight, but they both have drawbacks.

• In both cases you must sit around the negotiating table with your spouse. This may be very uncomfortable, and counter-productive. Let’s face it – there is likely an imbalance of power and trust is not likely present.
• The value of the assets is not negotiated and agreed as a first step — a fatal weakness, in our view.
• There is no step-by-step methodology for separating the issues and settling them one by one.
• You are guided by an expert in mediation or law, who probably has no professional skills in finance. This can also prove a fatal weakness, if there is any complexity in your finances.