A Shift From The Traditional
Collaborative Family Law is a shift from the traditional practice of family law where there is a winner and a loser and instead focuses on trying to create solutions which are beneficial to clients and their families. It involves a series of meetings with lawyers and clients present who commit to working in a cooperative manner to negotiate an agreement that is personalized for the clients and their family. Lawyers and clients sign a Participation Agreement which includes agreements to provide documents and information, to respectfully communicate with one another and not to commence court proceedings. This agreement not to commence a court case means that if negotiations break down, each client must retain a new lawyer. Most collaborative cases benefit from other collaborative professionals such as financial speicialists who provide budgets therapists, social workers, divorce coaches I received my training in Collaborative Law in 2010 because I saw firsthand the suffering financially, emotionally and psychologically that clients suffered in contested court cases.
What are the benefits of the collaborative process?
Empowers clients to negotiate effectively and efficiently
Because you have your lawyer present during negotiations, you will receive legal advice and help brainstorming or problem-solving areas of disagreement. Both parties give full financial disclosure at the beginning of the process which saves time and money that is often wasted in traditional family law. With this information and guidance from your lawyer, you will be empowered to reach agreement.
Encourages Positive Parenting Now and in the Future
In the Collaborative Process we teach parents communications skills that they can use as a foundation for creating a positive parenting relationship and for resolving future problems. Parents are encouraged to focus on the needs of their children to help minimize the impact of the separation.
Preserves your Assets
The cost to you is often substantially less than the costs of traditional negotiation or litigation in court. If you don’t spend as much on the negotiation and drafting of your agreement, you will have more assets at the end of the day to move on with your life.
Protects your Privacy
Often people do not realize that if you commence a court case that your documents form part of the public record which anyone can access.
Provides a Support Network
In some cases, it is appropriate and even necessary to bring in other professionals who are collaboratively trained to provide neutral information and advice. Financial Professionals may be introduced to provide tax advice, value a business, determine income for support or even prepare financial forecasts on different settlement options. Family Professionals may be introduced to assist with a party’s emotional health, provide information about the children’s needs, mediate parenting plans and improve communication.
Separation doesn’t have to be Stressful
To discuss how I can help you minimize the stress of your family law dispute, contact me to find out how I can help you solve your problem or resolve your dispute.
What does a typical collaborative legal process look like?
Getting Started
1
You and your spouse consult with and retain specially trained Collaborative Lawyers. If you both feel you would like to resolve your matter through the process you continue.
Participation Agreement
2
You and your spouse agree to communicate respectfully, refrain from threatening or commencing a court case, agree to disclose all financial and other information and agree to act in good faith through the process.
Financial Documents
3.
You and your spouse may agree to work with a financial professional to save on costs. Financial Professionals can help you value a business, prepare financial disclosure or prepare future forecasting models for settlements.
Support Professionals
4
You and your spouse may agree to work with a financial professional to save on costs. Financial Professionals can help you value a business, prepare financial disclosure or prepare future forecasting models for settlements.
Collaborative Meetings
5.
You, your spouse and your lawyers (and possibly other members of your collaborative team) have a series of meetings. For each meeting an agenda is set and tasks are assigned. Settlement discussions are focused on maximizing the needs and goals of the entire family.
Finalize
6.
Based on the agreements reached during the process, a draft Separation Agreement is prepared. It may be reviewed and signed at a final team meeting or may be signed separately with your lawyers. The end result is a legally binding document.
Ask Me A Question!
To start the conversation and figure out how I can help you solve your problem or resolve your dispute, please fill out the contact form.
1-905-278-8787
