Collaborative Family Law

Collaborative family law is a process whereby separating spouses and their lawyers agree to work together respectfully (to collaborate) to create the best possible solution for the family as everyone transitions out of the marriage.

Each party shares his or her interests, concerns, fears and goals. Issues that need to be resolved are identified and discussed. The parties then have the opportunity to create unique solutions that best suit them and their children.

How is the Collaborative approach different?

There are some basic differences between the collaborative approach and the traditional adversarial approach. In the collaborative process:

• Both parties agree to stay out of court

• The emphasis is on cooperation, not confrontation

• All discussions of issues, option generation and solutions are made with all parties present

• The primary objective of the team is to reach a settlement of all issues that is created by and acceptable to both parties and suitable for them and their children, as opposed to one that is imposed upon them by a judge

The clients can access an interdisciplinary team of professionals to assist them to arrive at the best solution. This team of collaboratively-trained specialists includes mental health professionals, child specialists and financial specialists. Mental health professionals (family or child therapists) are often included in the team as neutral facilitators. In this role they can support clients with emotional issues, enhance communication between the team members and assist parents to develop healthy strategies for effective co-parenting.

What are the Benefits of Collaborative Law?

All parties, including children, benefit from the collaborative process:

• The atmosphere is conducive to working together towards solutions, as opposed to the adversarial approach where each party presents their preferred position and then is either the “winner" or the “loser."

• Interests, feelings and values are honoured and respected.

• Where there is an amicable resolution resulting from a respectful process, there is less animosity and therefore more likelihood of a continuing courteous relationship, which is especially important when there are children of the marriage.

• The process is relatively fast and efficient, and therefore less costly (both emotionally and financially) than litigation.

• You know you will not end up in court.

I would be happy to meet with you to discuss the benefits of the collaborative process, and how it may work for you.  Please contact me for an appointment.