Collaborative Family Law
How Does It Work
Collaborative Family Law is a problem solving process in which separating spouses agree that they will not go to Court. Instead, they agree to work together in, a collaborative manner, that is open and that places the needs of their children first. Each party has the benefit of a collaborative family lawyer, who is trained in the process. The collaborative family lawyers participate in the settlement negotiations and each collaborative family lawyer will provide his or her client with legal advice and guidance throughout the negotiations. If a separating spouse is uncertain about managing negotiations on his or her own, Collaborative Family Law is a superior choice over direct negotiations or Mediation.
Why it is a Good Choice
Collaborative Family Law is generally more cost effective and very much more civil and respectful than a traditional, Court-based, approach to resolving Family Law issues. Like Mediation, the participants in Collaborative Family Law determine their own outcomes, using resolution techniques applied by their Collaborative Family Lawyers. Participants are generally much more satisfied with their outcomes because they control their outcomes, rather than having a decision imposed upon them by third party stranger who has had limited involvement with their case or their lives.
Public exposure of the personal details of your family and your financial life can be
- personally embarrassing;
- professionally damaging; and
- hurtful to your children.
Generally, Court files and Court hearings are open to any member of the public. For spouses who not wish to have their personal lives exposed, collaborative Family Law offers the benefit of privacy.
Collaborative Family Law also offers participants the benefit of working with certain specialists, who can add value to the process and reduce cost. Read on to discover more about this benefit.
Financial Specialists - Collaborative Family Law participants can work with Financial Specialists, who can assist them in compiling and analyzing financial information and financial outcomes. These Financial Specialists are neutral participants, who can work with both parties together, thereby generating cost savings.
Parenting Coaches - Participants can also work with Parenting Coaches, specially trained therapeutic professionals who can assist them in:
- understanding the needs of their children in a separated family; and
- crafting a parenting plan for their children.
Again, Parenting Coaches are neutral professionals who can work together with both parties to generate cost savings.
Divorce Coaches - Participants can also work with Divorce Coaches, who can assist them in managing the emotional and communication hurdles which might impeded a ready resolution to their Family Law issues. Divorce Coaches can work with either or both parties.
Participation & Results
Your collaborative family lawyer will be at your side throughout the collaborative negotiations, to advise you of the merits of any proposed option for resolution. Once you arrive at an agreement, your collaborative family lawyer will converted your proposed agreement into a contract, generally referred to as a “domestic contract” or “Separation Agreement.”
Not All Lawyers are Created Equal
Not all lawyers are trained in Collaborative Family Law. Before you contemplate retaining a family lawyer you should inquire as to whether he or she is trained in this technique, so that this option is available to you, if desired.
The family lawyers of Bair Family Law are trained and experienced in Collaborative Family Law, so that we can provide you with the best and most generous range of options for resolution
For more information please see Collaborative Practice Simcoe County.