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Henka Divorce Law & Mediation In Alberta & Saskatchewan

Serving Alberta and Saskatchewan, Canada
Lloydminster: 780.875.2234 | Edmonton: 780.809.2202 | Contact Us

  • Home
  • Henka Services
    • Mediation
    • Collaborative Divorce
    • Settlement-Focused Divorce
    • Cohabitation Agreements
    • Roadmap Of Our Services
  • About Henka
    • Our Team
    • Our Vision
    • Our Community Involvement
    • Testimonials
  • Blog
    • Collaborative Divorce
    • Mediation
    • Co-Parenting
    • Separation & Divorce
    • Communication
    • Child Support
    • Spousal Support
    • Division of Property
    • Written Agreements
  • Divorce Resources
    • e-Learning Resources
    • Forms & Government Resources
    • Client Resources
    • Workbooks
    • Learn by Category
      • Co-Parenting
      • Communication
      • Child Support
      • Negotiation Process
      • Division of Property
      • Spousal Support
  • Media
    • TV Interview Series
    • Lloydminster Community Legal Clinic
  • Contact
    • Refer A Client
    • Client Contact Form
  • Client Login

Negotiation Process Options

  • Divorce Resources
    • e-Learning Resources
    • Forms & Government Resources
    • Client Resources
    • Workbooks
  • Learn by Category
    • Co-Parenting
    • Communication
    • Child Support
    • Negotiation Process
    • Division of Property
    • Spousal Support

Free E-Learning

Check out a selection of resources focusing on NEGOTIATION OPTIONS after separation or divorce brought to you by Up A Notch Learning.

Up A Notch Learning Inc., is an e-learning platform founded by Stephanie Dobson. Our platform empowers separating and divorcing families by providing positive and constructive resources so they make informed decisions and thrive!

Want to access the entire collection FREE? Create your free login here.

Why is “process” important?

Why is the negotiation process you choose important? Choosing the right process for you, and the right professional to suit your circumstances will determine the outcome of your separation or divorce. Some process examples: Collaborative Divorce, Mediation, Settlement-Focused Divorce, Litigation (court). Click here to learn more about our out-of-court services.

Collaborative Divorce vs Litigation

Hiring a lawyer to be your advocate during your separation or divorce will be different if you choose Collaborative Divorce or the litigation (court) route. Click here for a comparison of the two processes.

Collaborative Divorce

Check out our page about our Collaborative Divorce services here.

Choosing Collaborative Divorce starts with hiring a Collaborative Divorce lawyer who is trained in the Process and registered with an association. Stephanie Dobson is a trained Collaborative Divorce lawyer, and can assist represent one spouse (not both) in the Collaborative Divorce process. For a list of Collaborative Divorce lawyers, click here for Alberta and click here for Saskatchewan

The International Academy of Collaborative Professionals (IACP) is a great resource for more information about Collaborative Divorce, and its benefits for families. Check out their website for more.

Mediation

Check out our page about our Mediation services here.

Choosing Mediation starts with both separating spouses or parents hiring a trained and registered mediator who will be neutral to your dispute, and assist you to resolve your issues.

The Alberta Family Mediation Society (AFMS) is a great resource to learn more about Family Mediation and to learn about important qualifications of mediators. Since mediation is not a regulated profession in Canada, it’s important when choosing a mediator to select one who has meets certain standards and ethics.

The Association of Family and Conciliation Courts (AFCC) has a great explanation of mediation and its benefits on its website here.

E-Books

The Centre for Public Legal Education of Alberta has published great guides to help the public understand about process for families who are separating or divorcing in Alberta. Click below for instant downloads.

  • DOWNLOAD: Separation & Divorce generally
  • DOWNLOAD: Separation Agreement checklist
  • DOWNLOAD: Resources for Going to Court

Check out our blogs & videos

  • Collaborative Divorce
  • Mediation
  • Blog
  • Video
  • What’s a Parallel Parenting Plan, and How is it Different from a Co-Parenting Plan?
  • Restoring Joy in Valentine’s Day after Separation or Divorce
  • January as International Divorce Month – Top 3 Tips to Prepare for Separation or Divorce
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 2 – Holiday Parenting – For Newly Separated or Divorced Families
show more
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Making Decisions About Education for Separated or Divorced Families
  • All About Grey Divorce
  • Top 5 Divorce Myths Debunked
  • The Importance of Divorce Wellness
  • The Impact of Technology on Divorce
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • What is the Disclosure Process?
  • What’s the Difference Between Separation and Divorce?
  • What is the Cost of A Divorce?
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
  • Our Family In Two Homes Workbook
  • Using Technology to Improve your Co-Parenting Relationship
  • The Importance of an Initial Consultation
  • My Favourite Divorce Books
  • Effective Communication – A Must for Separated Parents
  • Divorced Co-Parenting During COVID-19
  • January is “International Child-Centred Divorce Month”
  • How do I improve transitions for kids between two homes?
  • Changes are Coming for Unmarried Separating Couples in Alberta – Jan 1, 2020
  • Give Your Children The Gift of A Conflict-Free Christmas
  • Farmers Find a New Approach to Divorce
  • Do I need a lawyer to get a divorce, or can I do it myself?
  • How Much Will My Divorce Cost?
  • Must I go to Court to Get a Divorce?
  • How Do I Break the News To My Kids About Our Divorce?
  • How long will it take to be done with my divorce? I just want to be over!
  • How Collaborative Law Changed My Life
  • Blog – Collaborative Divorce Alberta
  • I’ve decided to use the Collaborative Process for my divorce. What do the 4-Way Meetings Look Like?
  • My Adult Child Is Going Thru A Divorce. How Can I Best Support Him?
  • I’ve heard of “Collaborative Family Law” – How do I know if it’s for me?
  • I have heard about “Collaborative Law” for divorcing families – what is it?
  • Top 5 Reasons to Divorce Collaboratively
  • Can I Still Use the Collaborative Process If I Don’t Trust My Spouse Anymore?
  • NBC’s Today Show – Profile of Collaborative Divorce
  • New York Times – The Good Divorce
  • Is There A “Minimally-Invasive” Divorce?
  • USA Today – For More Couples, Divorce Can Be On Friendly Terms
show less
  • Effective Communication – A Must for Separated Parents
  • Importance of an Initial Consultation
  • Using Technology to Improve your Co-Parenting Relationship
  • Our Family In Two Homes Workbook
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
show more
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • When people hire a divorce professional, it’s hard to know what to expect for fees. Can you break it down?
  • What’s the Difference Between Separation and Divorce?
  • What is the Disclosure Process?
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • The Impact of Technology on Divorce
  • The Importance of Divorce Wellness
  • Top 5 Divorce Myths Debunked
  • Making Decisions About Education for Separated or Divorced Families
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Part 2 – Holidays – First Christmas Separated or Divorced
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 4 – Holiday Parenting – For Blended Families
  • Effective Communication – A Must for Separated Parents
  • My Favourite Books to Help Thrive Post-Separation / Divorce
  • Importance of an Initial Consultation
  • Using Technology to Improve your Co-Parenting Relationship
  • Our Family In Two Homes Workbook
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • New Divorce Act Explained – Part 1 – Terminology
  • New Divorce Act Explained – Part 2 – Best Interests of the Children
  • New Divorce Act Explained – Part 3 – Relocation
  • When people hire a divorce professional, it’s hard to know what to expect for fees. Can you break it down?
  • What is Clare’s Law and Why Is it so Important for Prevention of Domestic Violence?
  • How do we Create a Technology Plan for Parenting in Two Homes?
  • How to Create a Parenting Schedule After Separation or Divorce
  • How to Create a Holiday Parenting Schedule After Separation or Divorce
  • What’s the Difference Between Separation and Divorce?
  • What is the Disclosure Process?
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • My Child is Getting a Divorce – How Do I Best Support Her?
  • What Rights do Grandparents Have when their Adult Children are Separated or Divorced?
  • Child Support Basics – Part 1 – Base Support
  • Child Support Basics – Part 2 – The Extras
  • Can you give a General Overview of the Divorce Process
  • What is an Interspousal Agreement?
  • The Impact of Technology on Divorce
  • Managing and Thriving in Step-Family Relationships
  • Tips for a Successful “Back to School” After Separation or Divorce
  • The Importance of Divorce Wellness
  • What Are Some Issues to Consider when Travelling with Kids Minus the Other Parent?
  • What Happens to Canada Pension Plan Credits on Separation or Divorce?
  • Top 5 Divorce Myths Debunked
  • All About “Shared Parenting” Canadian-Style
  • Halloween with Divorced Parents
  • Agreements Reached in Mediation – How Binding Are They?
  • Making Decisions About Education for Separated or Divorced Families
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Part 2 – Holidays – First Christmas Separated or Divorced
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 4 – Holiday Parenting – For Blended Families
  • January as International Divorce Month – Top 3 Tips to Prepare for Separation or Divorce
  • Valentine’s Day after Separation or Divorce
  • What’s a Parallel Parenting Plan, and How is it Different from a Co-Parenting Plan?
show less
  • Blog
  • Video
  • What’s a Parallel Parenting Plan, and How is it Different from a Co-Parenting Plan?
  • Restoring Joy in Valentine’s Day after Separation or Divorce
  • January as International Divorce Month – Top 3 Tips to Prepare for Separation or Divorce
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Part 2 – Holiday Parenting – For Newly Separated or Divorced Families
show more
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 4 – Holiday Parenting – For Blended Families
  • Making Decisions About Education for Separated or Divorced Families
  • All About Grey Divorce
  • Agreements Reached in Mediation – How Binding Are They?
  • Top 5 Divorce Myths Debunked
  • The Importance of Divorce Wellness
  • The Impact of Technology on Divorce
  • What Rights do Grandparents Have when their Adult Children are Separated or Divorced?
  • My Child is Getting a Divorce – How Do I Best Support Her?
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • What is the Disclosure Process?
  • What’s the Difference Between Separation and Divorce?
  • How to Create a Holiday Parenting Schedule After Separation or Divorce
  • How to Create a Parenting Schedule After Separation or Divorce
  • What is the Cost of A Divorce?
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • Our Family In Two Homes Workbook
  • Using Technology to Improve your Co-Parenting Relationship
  • The Importance of an Initial Consultation
  • My Favourite Divorce Books
  • Effective Communication – A Must for Separated Parents
  • My Fav Co-Parenting Apps!
  • Planning for Living Together – Questions to Contemplate
  • Divorced Co-Parenting During COVID-19
  • I have heard about “mediation” for resolving family disputes – can you explain it?
  • How do I improve transitions for kids between two homes?
  • Do I need a lawyer to get a divorce, or can I do it myself?
  • How Much Will My Divorce Cost?
  • 5 Questions to Prepare for Divorce Mediation
  • Must I go to Court to Get a Divorce?
  • How Do I Break the News To My Kids About Our Divorce?
  • Divorcing This Year? Consider Your Options
  • The Role of Lawyers in Family Mediation
  • How do I make a “parenting schedule” with my ex when dealing with oilfield hours?
  • Top 10 Tips to Keep Legal Fees at a Minimum During Separation or Divorce
  • Happy Belated Family Mediation Day – Benefits of Mediation
  • Happy Belated Family Mediation Day – Types of Mediated Disputes
  • Huff Post Canada – Family Mediation: The Best Practice For Parents And Their Children When The Marriage Is Over
show less
  • Effective Communication – A Must for Separated Parents
  • My Favourite Books to Help Thrive Post-Separation / Divorce
  • Importance of an Initial Consultation
  • Using Technology to Improve your Co-Parenting Relationship
  • Our Family In Two Homes Workbook
show more
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • When people hire a divorce professional, it’s hard to know what to expect for fees. Can you break it down?
  • How to Create a Parenting Schedule After Separation or Divorce
  • How to Create a Holiday Parenting Schedule After Separation or Divorce
  • What’s the Difference Between Separation and Divorce?
  • What is the Disclosure Process?
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • My Child is Getting a Divorce – How Do I Best Support Her?
  • What Rights do Grandparents Have when their Adult Children are Separated or Divorced?
  • The Impact of Technology on Divorce
  • The Importance of Divorce Wellness
  • Top 5 Divorce Myths Debunked
  • Agreements Reached in Mediation – How Binding Are They?
  • Making Decisions About Education for Separated or Divorced Families
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Part 2 – Holidays – First Christmas Separated or Divorced
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 4 – Holiday Parenting – For Blended Families
  • Effective Communication – A Must for Separated Parents
  • My Favourite Books to Help Thrive Post-Separation / Divorce
  • Importance of an Initial Consultation
  • Using Technology to Improve your Co-Parenting Relationship
  • Our Family In Two Homes Workbook
  • Tips 1-5: Top 10 Tips for Helping Kids Thrive After Divorce
  • Tips 6-10: Top 10 Tips for Helping Kids Thrive After Divorce
  • New Divorce Act Explained – Part 1 – Terminology
  • New Divorce Act Explained – Part 2 – Best Interests of the Children
  • New Divorce Act Explained – Part 3 – Relocation
  • When people hire a divorce professional, it’s hard to know what to expect for fees. Can you break it down?
  • What is Clare’s Law and Why Is it so Important for Prevention of Domestic Violence?
  • How do we Create a Technology Plan for Parenting in Two Homes?
  • How to Create a Parenting Schedule After Separation or Divorce
  • How to Create a Holiday Parenting Schedule After Separation or Divorce
  • What’s the Difference Between Separation and Divorce?
  • What is the Disclosure Process?
  • How Do We Resolve Our Pet Disputes during Separation or Divorce?
  • My Child is Getting a Divorce – How Do I Best Support Her?
  • What Rights do Grandparents Have when their Adult Children are Separated or Divorced?
  • Child Support Basics – Part 1 – Base Support
  • Child Support Basics – Part 2 – The Extras
  • Can you give a General Overview of the Divorce Process
  • What is an Interspousal Agreement?
  • The Impact of Technology on Divorce
  • Managing and Thriving in Step-Family Relationships
  • Tips for a Successful “Back to School” After Separation or Divorce
  • The Importance of Divorce Wellness
  • What Are Some Issues to Consider when Travelling with Kids Minus the Other Parent?
  • What Happens to Canada Pension Plan Credits on Separation or Divorce?
  • Top 5 Divorce Myths Debunked
  • All About “Shared Parenting” Canadian-Style
  • Halloween with Divorced Parents
  • Agreements Reached in Mediation – How Binding Are They?
  • Making Decisions About Education for Separated or Divorced Families
  • Part 1 – Holiday Parenting – For Families Considering Separation or Divorce
  • Part 2 – Holidays – First Christmas Separated or Divorced
  • Part 3 – Holiday Parenting – For Long-Time Separated or Divorced Families
  • Part 4 – Holiday Parenting – For Blended Families
  • January as International Divorce Month – Top 3 Tips to Prepare for Separation or Divorce
  • Valentine’s Day after Separation or Divorce
  • What’s a Parallel Parenting Plan, and How is it Different from a Co-Parenting Plan?
show less

Check out this TV interview about Shared Parenting (Sample):

FAQ

Discover the most common questions we hear about the separation or divorce journey and our Mediation or Collaborative Divorce process.

Divorce FAQs

What’s the difference between a Separation Agreement and a Divorce?

A Separation Agreement is a document which contains the agreements relating to your separation or divorce.  It contains things like custody, parenting scheduling, communication, child support, spousal support, property division, and other issues relating to your separation.  The divorce will be documents submitted to the Court which will cause you and your former spouse to be legally no longer spouses.  The divorce documentation will typically have to advise the Court as to your parenting arrangements.  It may simply reflect the terms of your Separation Agreement or it may be in lieu of a Separation Agreement.  Talk to your lawyer about which document may be most appropriate for your situation.

Do I have to wait a year after separation before starting my divorce?

Most people use “one year separation” as a way to establish the breakdown of their marriage to be eligible for a divorce.  To finalize your divorce most often you will need to establish that you have been separated for one year.  However, the negotiations surrounding the issues of your divorce can be started anytime.  Typically the sooner you start the negotiations the more likely you will be completed and ready to finalize your divorce at the one-year mark.

How do we calculate child support?

Child support is calculated using the Child Support Guidelines.  In essence, we take the income of the paying parent, the province of residence of the paying parent, and the number of children, and apply the formulas to calculate child support.  Go to the Child Support Calculator to figure out your child support.  There are additional considerations if you have a shared (50/50 or 60/40) or split (one or more child at each home) parenting arrangement or if children are over the age of majority.

(Lloydminster AB/SK question) If I live on one side of the border, does it matter if I move to the other side of the border after separation?

In order to apply for a divorce, either you or your spouse has to be resident in a province for one year.  If you move to the other side of the border and subsequently want a divorce, you either have to wait for you to have been resident there for one year or your former spouse has to have been residing in their province of residence for a year.

How much will a divorce cost?

The divorce paperwork itself is typically a flat fee.  However, the negotiations to determine the terms of the separation are typically the expensive and lengthy part of any divorce.  We operate on an hourly rate basis.  We can provide more information at your consultation once we have a better idea of your particular situation.

When can I change my name back to my maiden name after separation?

You can change to your maiden name at anytime – whether during your relationship, during your separation, or after your divorce.  Your legal name will always remain as your name on your birth certificate and you are entitled to use that name at anytime.

Can I make my spouse change their name back to their maiden name after separation?

No you cannot.  You are permitted to use your married surname while you are married as well as when you are separated or divorced.

Most extended health and dental insurance plans allow you to leave your spouse on your benefits so long as you are legally married.  You will have to consult your plan administrator to determine what is permitted.

Most extended health and dental insurance plans allow you to leave your spouse on your benefits so long as you are legally married.  You will have to consult your plan administrator to determine what is permitted.

What documentation do I need to provide during my divorce process?

When you work with us, we provide you with a checklist specifying the documentation that you need to provide.  We work with you to customize the date range, and we will help you to gather all of the documentation.

My divorce is simple – no kids, no property to divide, and no spousal support payable – how long will it take to process?

Before we can advise on how long it will take to process the divorce, we will need to assess your particular situation.  The actual paperwork itself typically takes 6-8 weeks from the date we submit the paperwork until the date that the divorce is issued.  However, the negotiations to determine the terms of the divorce can take a few months or longer.  We recommend that you start these negotiations as soon as possible so that you are not delayed in submitting the divorce at the one-year mark.

Mediation FAQs

What if I don’t trust the other party?

Trust between the parties is not required for the Family Mediation process to work. Rather than trust, it is more important that both parties are willing to come to the table to openly discuss all of the issues for resolution and to provide all of the information on which the parties will rely to make their decisions. If it is a matter of specifically distrusting the other party, there are ways to ensure that the information you are receiving in the Process is accurate and complete and that the agreements that you make are going to be followed by both parties into the future.

What if we don’t reach agreement in Mediation?

There are times where the Process breaks down. Sometimes, parties have come to Family Mediation after being in a litigation process. If Family Mediation ends without reaching full agreement on all issues, the parties simply return to their lawyers to reconvene the court process. Or, if litigation was not already started then lawyers may need to be hired at this point. As far as what to do with the agreements reached during Family Mediation, The parties have 2 choices: (1) to enter into agreement regarding the terms that continue to be agreeable by both parties, and the remaining issues can be dealt with by the Court, or (2) to abandon all discussions had and agreements reached during the Process and start afresh in a Court system. The initial consultation is extremely important in order to ascertain whether a Family Mediation is appropriate for your family. Your Family Mediator should learn about your situation and ensure that you understand the Process, then assist you to determine your suitability for the Process. This step helps to prevent you from entering into a Process that will not work for you, and may ultimately lead to impasse.

What if we have resolution on some things and don’t want to negotiate those things in Mediation?

What if we have resolution on some things and don’t want to negotiate those things in Mediation?

What if the other party will not agree to Mediation?

You have an opportunity to negotiate, and a right to litigate. T his means that you can only do  Mediation if both parties agree to enter into the Process. If the one party won’t agree, then you still have a right to resolution, but it will likely be in the litigation environment. The sooner that both parties learn about the various process options available for divorce, the better. Sometimes, parties will enter into the litigation ring without understanding that there are options such as Mediation. Even if the other party has chosen a litigation process, you can still talk to them (directly or through your lawyer) and provide them with information about Mediation; it can’t hurt. However, if the other party is not agreeable to at least a 10-minute phone call with Stephanie to learn more, then it is not possible to enter Mediation.

What if the other party already has a lawyer – can we still use Mediation?

Yes, even if one or both of you have already retained lawyers,  Mediation can still be used. You may invite your lawyers to attend each session with you, or you can request that your lawyer stays in the background while the mediation is proceeding. If one or both parties don’t have a lawyer yet, you don’t need to retain a lawyer prior to the mediation being conducted. Many parties choose to keep the meetings as 3-way meetings including the parties and the mediator alone and simply to discuss the final result with their lawyer at the end.

Collaborative Divorce FAQs

How is Collaborative Divorce different from the Court model?

Collaborative Divorce is client-directed and provides an open line of communication between the parties to assist to resolve all issues quickly and efficiently through 4-way meetings. In comparison, the litigation process can be lawyer-directed and most often all communication is channeled through the lawyers.

What if the other party won’t hire a Collaborative Divorce lawyer?

A Collaborative Divorce is only possible if both parties agree to use Collaborative Divorce lawyers and agree to this process. The sooner that both parties learn about the various process options available for divorce, the better. Sometimes, parties will enter into the litigation ring without understanding that there are options such as Collaborative Divorce or even Mediation. If the other party is not agreeable to retaining a Collaborative Divorce lawyer, then you cannot use the Process. In these instances, there are options to use a modified process which still can achieve similar outcomes.

General FAQs

How do I know if I should use Collaborative Divorce or Mediation? 

Parties who choose Collaborative Divorce usually want to have lawyer involvement in their process as they negotiate with the other party. The lawyer’s role in the Process is to be an advocate for their client, to ensure that their client’s interests are being met and that their voice is being heard. As well, in Collaborative Divorce the lawyers provide legal advice during each 4-way meeting based on the parties’ situation.

Ready to move forward? Call 780 875 2234 or fill out our contact form.

What Our Clients Are Saying

Collaborative Divorce Client

The collaborative process worked wonderful for myself and my ex. We pretty well had things worked out with our daughter before meeting with our lawyers which really helped the process. Which our lawyers really admired. My ex and I have no hard feelings between us we just had a hard time starting to talk about the division of property and finances. Which is why I wanted to give the collaborative … [Read More...]

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Lloydminster Office
4104 – 50 Avenue
Lloydminster, AB/SK T9V 0V8
T: 780.875.2234
Edmonton Office
Suite 1400, 10665 Jasper Avenue
Edmonton, Alberta T5J 3S9
T: 780.809.2202
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January 6, 2021 – Topic: Part 1 of 3-Part Series: What are Process Options
for Staying Out of Court? Why is process important?