Collaborative family law is an increasingly popular and very effective method of reaching a settlement with your partner, without going to court. It works this way:
You and your partner will each hire a family attorney who has also done the specific training to work as a collaborative family lawyer. This is important, because the collaborative process is very different from divorce court, and attorneys need different skills to be successful in a collaborative setting.
After you’ve met with your collaborative attorney and have enlightened her as to the particulars of your case, you and your partner, along with your respective collaborative attorneys, will have your first settlement meeting.
At that initial settlement meeting, the first order of business will be to discuss, and sign, a document called a Participation Agreement, in which you all promise that you will work hard with each other to settle the divorce, without going to court. All of the negotiations will be done together, in the presence of both parties and their attorneys, in an atmosphere that is respectful, caring and professional, and where there is a genuine desire on everyone’s part to find the best possible solutions to the issues that need to be addressed. Your collaborative attorneys will be with you every step of the way, so that you can each have access to professional advice at any time during the discussions.
In the collaborative process there is full disclosure of all relevant information, so that in making difficult decisions, you benefit from the clearest possible understanding of what is at stake, both for you and for your partner. Unlike family mediation, you can benefit from having your legal advisors present at the table with you throughout the process. There is no threatening of court proceedings between the attorneys – you will find that your collaborative attorneys are cordial and professional with each other, as they are with both clients. While emotions may still at times run high, your collaborative attorneys are there to help you navigate difficult conversations that must take place, and they have the skills to do so. With the help of your collaborative lawyers, you and your partner will focus on a positive future, not a negative past, and will make decisions that work for both of you, and for your children.
Collaborative family law is a highly successful method of resolving complicated family law issues, in part because all of the participants have the goal of a “win/win” outcome in mind: an agreement that is tailor-made for maximum benefit for each partner, and for the family as a whole.
Collaborative attorneys are trained at helping their clients move through impasses, by focusing on their clients’ interests, instead of their positions, using interest-based negotiations. It may happen, however, that despite everyone’s best efforts, the parties become “stuck” on an issue and a negotiated outcome does not seem possible. If the parties insist that they must go to court at that point, they may do so, but their collaborative attorneys must withdraw from the file. Under the terms of the participation agreement, collaborative attorneys are not allowed to continue to represent their clients if the file moves to court, and the clients who want to be represented for the litigation process must find new counsel.
The promise to resolve family issues without going to court, and the mandatory withdrawal of attorneys in the rare cases of persistent impasse, is the linchpin of the collaborative law model. In collaborative law, everyone is invested in doing their best to achieve an agreement on all of the issues—the clients do not want to have to start all over again from the beginning with new litigation attorneys, and the collaborative lawyers do not want to have to withdraw from the file and lose the opportunity to continue to represent their clients. When everyone is pulling together in the same direction like this– finding solutions for settlement that satisfy everyone’s interests – even the most difficult issues can be worked through and resolved.
To get a consultation on your particular file, give us a call at 514.288.9322.
