Collaborative Family Law
A Cooperative Approach to Family Law
Collaborative family law is a voluntary process for negotiating family law matters where the professional team helps the couple to communicate about how to jointly resolve their concerns. Each party is represented by a collaboratively trained lawyer, and often a neutral Financial Professional or a neutral Family Professional is included on the team to assist more efficiently and effectively with the particular issues that need to be sorted out. Collaborative family law can be used by separating couples, but also by couples who are negotiating the terms of a marriage contract or
cohabitation agreement.
How does collaborative family law work?
Both parties agree to use the collaborative process. Each party hires a collaboratively trained lawyer. The lawyers discuss what the parties need and may recommend involving a neutral Financial Professional or a neutral Family Professional as part of the Team. The Team is comprised of the parties and all of the professionals. Each member of the Team signs a Collaborative Participation Agreement, whereby the Team commits to respectful, constructive and timely communication and sharing of information and to using best efforts to reach a mutually acceptable settlement. There is a “Sticky Table” that keeps The Team talking: if either spouse wanted to withdraw from the collaborative process, there would be a cooling off period and both spouses would have to get new lawyers. The Team holds one or more meetings to identify the parties’ goals, discuss what needs to be sorted out, generate a whole range of possible solutions, and evaluate the possible solutions against the goals that have been identified. The professional team helps the spouses to effectively communicate about what is important and to reduce unnecessary negative communication. When there is consensus, the lawyers will cooperate to draft an agreement (separation agreement, cohabitation agreement, or marriage contract) that the parties will then sign.
What are the advantages of collaborative family law?
Much like mediation (read more about mediation here: Mediation), collaborative family law is a confidential and private process that gives the couple a lot of autonomy. Collaborative family law prioritizes the needs of the children. Collaborative family law tends to be far less costly and much less adversarial than a court process. Collaborative family law usually moves far more quickly than a court case. The parties retain the control to make the decisions, instead of giving that power over to a judge or arbitrator. There is an opportunity to “think outside the box” and “expand the pie” that is not always there if a matter goes to court. Collaborative family law can improve communication and cooperation between the parties.
Collaborative family law has the additional advantage of offering just enough professional help to result in a good agreement, without unnecessary expense, delay, steps, and detours. If discussions go smoothly, and often they do, the Family Professional and Financial Professional will step back while the lawyers work with the spouses to paper an agreement. If discussions hit a rocky patch, often the Family Professional or the Financial Professional can be brought back in to help untangle things. You have a safety net if you need it, but the safety net can be on standby if it seems unnecessary. In a non-collaborative negotiation, things can get bogged down for a whole host of reasons that tend to get sorted out in the collaborative process. The professional team will help with:
- A healthy discussion about putting the children first and minimizing the children’s exposure to conflict.
- Safely tabling what each spouse wants and needs and where he or she might be prepared to compromise.
- Expanding the pie to create opportunities for win-win.
- Communicating about whether the process is moving too quickly or too slowly (often spouses have different perspectives on this) and getting to the bottom of how the timing can be adjusted and what supports can be put in place so that neither spouse feels threatened or disillusioned. (Both feelings can derail a settlement.)
Collaborative family law often creates opportunities for generosity, resulting in a more robust agreement and a better relationship for the parties and any children going forward.
Read more about collaborative family law here: https://oacp.co/collaborative-divorce/ and here https://collaborativedivorceottawa.ca/en/
Qualifications
As a dedicated family lawyer, I am collaboratively trained and a proud member of Collaborative Divorce Ottawa. My focus is on helping families navigate the legal aspects of separation and divorce with respect, open communication, and a commitment to finding solutions that work for everyone involved. Through the collaborative process, I work closely with clients, legal professionals, and other experts to reach fair, amicable agreements without the stress and expense of going to court.
