Collaborative Family Law: A More Amicable Approach To Resolving Family Law Disputes

There is now an alternative approach to resolving family law disputes that allows the parties to actively participate in structuring a settlement that works for their particular situation. This is called the collaborative family law process.

When a couple separates, it is often a very emotionally challenging and difficult time for all involved.  The traditional litigation process is adversarial in nature and generally leaves the parties feeling unsatisfied with the end result which was imposed upon them by a judge, as well as financially burdened.

The collaborative process, on the other hand, is designed to promote the parties to negotiate a settlement through their own active participation, resulting in a more efficient and cost-effective resolution of their matrimonial issues by way of a separation agreement.  This approach is ideal to enable the parties to be active participants in the determination of a resolution that is tailored to meet their individual personal goals and values.  Settlements are often structured more creatively in order to achieve those goals and values, rather than representing just a strict application of the law.

The main difference between the collaborative and the traditional approaches is that, if the parties have signed on to the collaborative process, their lawyers cannot go to court for them.  The theory behind this is that, because there is no threat of litigation, the parties can feel secure in providing full disclosure in order to facilitate the negotiations.  In other words, the process is completely confidential and nothing said or used in the negotiation process can later be used in a courtroom.

Both parties must agree to work together in good faith to try to reach a settlement and must understand that, in the event that they are not successful in resolving their issues, they would ultimately have to retain new counsel if they want or need to go to court.  This is a key component in the effectiveness of the collaborative process as it encourages the parties to use all their best efforts to try to reach an agreement through the collaborative process to avoid having to recommence the entire process and retain a new lawyer.

Oftentimes, other professionals are also brought in to assist with their case, including divorce coaches, child specialists and financial advisors.  The coaches and counselors can help to support the parties with the inevitable emotional issues arising from the breakdown of their relationship, facilitate communications between the team members and help the parties to develop healthy strategies for effective co-parenting into the future.

The collaborative process necessitates cooperation and communication and, as a result, generally leaves the parties with a sense of accomplishment and civility at the end, which is invaluable in itself particularly when the parties will have to co-parent their children for the rest of their lives.  However, this process is not right for everyone.

For more information, please contact Ashleigh Baylis at baylis@pushormitchell.com.