Collaborative
What is the Collaborative Family Law process?
The Collaborative Family Law process is a productive, respectful, wholistic process that is available to you and your spouse as an alternative way of resolving your legal matters upon separation outside of the traditional adversarial court process. The Collaborative process addresses the emotional, financial and legal issues that arise as your family transitions through separation. It is a voluntary process that focuses on both parties having all the information required to make decisions and engaging in negotiations that remain constructive and address both parties’ interests. Respectful communication, full transparency and a commitment to making genuine efforts to resolve matters independently of the court system are key aspects of the model. Each spouse has their own collaboratively trained lawyer to advise and support them through the process. In addition, a neutral Family Professional and/or Financial Professional may also be part of your team. The whole team works with you to address your goals and concerns and to help you achieve the best possible outcome for you and your children.
Through the Collaborative process you can reach a final agreement on issues which include:
Parenting time and decision-making responsibilities in respect of children
Financial support including child support and spousal support
Division of property
For the Collaborative process to work, each party needs to:
Be willing to make a genuine effort to work out a mutually accepted agreement with the other person
Feel safe meeting in person or remotely with the other person to discuss the issues
Be able to talk about his/her individual needs and listen to the other person’s concerns
In the Collaborative process, each party commits to:
Communicating openly and respectfully
Providing full financial disclosure to enable informed decision-making
Maintaining confidentiality throughout the process
Negotiating in good faith and considering options that meet the needs and priorities of both parties
The Collaborative process allows the parties to:
Customize solutions to meet the unique interests and needs to both parties
Negotiate a mutually acceptable final agreement without going to court
Move forward in a respectful way
Achieve the best possible outcome for you and your family
Looking for More Information?
For more information about the Collaborative process please visit the Ontario Association for Collaborative Professionals website at https://oacp.co/collaborative-divorce/ and/or the website for my Collaborative Practice Group, Best4All at https://best4all.ca/
Some Reasons to Choose the
Collaborative Process vs Court Litigation:
Cost
The Collaborative process is more cost effective than traditional family litigation; reducing conflict reduces cost
Control
The Collaborative process allows the parties to control their own separation process, rather than relinquishing control to the lawyers and/or the courts
Time
The Collaborative process allows the parties to avoid lengthy delays often encountered through the courts
Flexibility
The Collaborative process allows parties to brainstorm possible outcomes and craft unique solutions to meet the individual needs of the parties and their family
Confidentiality
Unlike court, the Collaborative process is confidential with no public access to your documents or sessions
Positive
The Collaborative process assists parties to improve communication and resolve issues in a respectful way, in the hopes of reducing emotional turmoil and helping to build the foundation for a more positive future
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