United by a better way forward

Each party retains his or her own specially-trained lawyer and separation and co-parenting therapists, child care specialist, or financial advisor, if desired and appropriate. The parties and their lawyers attend 4-way meetings and work together to reach a resolution.

Prior to beginning any discussion, both parties sign a Lawyers Participation Agreement which sets out the way the teams will operate.
This agreement deals with:

• Disclosure of all relevant documents
• Agreement not to go to court
• The method to achieve open, free-flowing and safe communication during the process

Each party retains their own specially-trained lawyer and divorce coach, child care specialist, or financial advisor, if desired and appropriate. The parties and their lawyers attend 4-way meetings and work together to reach a resolution.

Prior to beginning any discussion, both parties sign a Participation Agreement which sets out the way the teams will operate. This agreement deals with:

• Disclosure of all relevant documents
• Agreement not to go to court
• The method to achieve open, free-flowing and safe communication during the process

There is no set rate. Each case is unique. However, because the Collaborative Law lawyer and specialists are concentrating on finding solutions rather than preparing cases for court, the cost is generally less. The hourly rates of the lawyers and other professionals vary so please discuss this with your chosen professional.

Meetings can be 2 to 4 hours in duration and more than one meeting may be necessary.

You and your spouse or partner sign a comprehensive written agreement, drawn up by both lawyers. Prior to signing, you each get independent legal advice from your lawyer. If children are involved, a Parenting Plan may be necessary. That plan can be incorporated into the agreement or stand alone.

The success rate for Collaborative Law cases is high. However, if either party decides to end the process, both lawyers must resign and can have no further involvement. Both parties must find new collaborative professionals and start again. Note: whatever has been discussed during the Collaborative process is confidential and cannot be used in court.

Mediation takes place with a neutral third party, who does not provide legal advice to either party. Each party must obtain independent legal advice.

In Mediation, a party who attends without a lawyer may have difficulty expressing himself/herself, as a mediator cannot advocate for or legally advise either party.

In Collaboration, your lawyer is there negotiating with you.

Collaborative Family Law requires mandatory disclosure of all information, including financial matters, and provides a mechanism to resolve disputes using a team of specially-trained professionals.

Court is costly - financially and emotionally. In the court process, people end up using their financial resources to fight over their children and assets. As well, the outcome of their dispute is allowed to be determined by an impartial third party (the judge).

Collaborative Family Law directs all resources at developing solutions. Team members are able to focus all their efforts on problem-solving rather than on strategic preparation for court.

Collaborative law has many benefits that makes the process easier and more beneficial.

• There is greater privacy about issues and relationship history
• A solution reached by both has a greater chance of success than one imposed by the court
• All resources are directed at developing solutions for your unique situation
• The process recognizes there are emotional as well as legal issues involved
• Experts work with you both to determine the best approach for your situation, rather than acting as a “hired gun” for one party
• You and your spouse or partner are in control of the decision-making
• You have direct input into the solutions
• The process is generally quicker than going to court
• The process is generally less expensive than going to court
• The process is designed to reduce the stress of conflict between couples
• The process assists in a smoother transition for everyone

There are many reasons you might want to avoid going to court, if you can:

• There are no certain outcomes when you go to court
• A judge will decide on the legal issues but does not deal with anything else
• You have no control over the decisions
• The court setting is adversarial and confrontational, which intensifies the conflict between the parties
• No-one “wins” in court
• It can be difficult and costly to challenge court decisions
• Your children can be negatively affected by the conflict generated
• It’s expensive
• It can be a slow process

Collaborative law may not be appropriate if:

• If your spouse or partner do not agree to use the collaborative approach
• If you feel you would need a Court Order to ensure your spouse or partner would abide by the terms of the agreement