“The underlying philosophy of the collaborative divorce process is that the parties mutually agree to completely avoid the court process, with the result being a faster, cheaper and more amicable divorce.”

What is collaborative family law (CFL)?

Collaborative family law is a kind of alternative dispute resolution (ADR), sometimes known as family conflict resolution, in which you and your spouse collaborate with your collaborative family attorneys to settle legal matters outside of court. It might be necessary to use other collaborative professionals to resolve all issues. It is a voluntary process that you and your spouse must agree to. The collaborative family lawyers must agree to not go to court. The ultimate goal is to come up with a formal agreement between you and your partner without the need for litigation. 

What is the advantage to CFL?

A collaborative team typically consists of the separating or divorcing spouses along with their respective lawyers. Additionally, the team may include other professionals such as financial experts, mental health professionals, and child specialists, depending on the specific needs of the case. The collaborative team works together to help the parties reach a mutually acceptable agreement outside of the court. This “Collaborative team” will provide guidance and support as problem-solvers, not as adversaries. The focus of the team should be on the interests of the participants and not on positional bargaining.

What is the advantage to CFL?

CFL offers several advantages over traditional litigation, including: 

• Promotes open communication and cooperation between the parties. 
• Allows the parties to maintain control over the outcome of the dispute. 
• Generally less adversarial and more cost-effective than litigation. 
• Preserves relationships, particularly important in cases involving children. 
• Often results in quicker resolution compared to court proceedings. 

Which cases are not good for collaborative law ?

Cases involving domestic violence or abuse, one party being unwilling to participate in good faith, complex financial issues requiring extensive litigation or cases where there is a significant power imbalance between the parties.

What is a Participation Agreement?

A participation agreement is a contract signed by both parties and their lawyers at the outset of the collaborative process. It outlines the ground rules for the collaborative process, including commitments to honest communication, disclosure of information, and the resolution of issues outside of the court. It also usually includes provisions regarding the termination of the collaborative process and the transition to litigation if necessary.

What clauses should be included?

Some common causes included in a Participation Agreement may cover confidentiality and the exchange of information, commitment to reaching a settlement, the role of the collaborative professionals, the process for terminating the collaborative process, and the division of fees and costs alongside validation of the Separation Agreement to ensure its enforceability. 

What role does the lawyer play in the collaborative process ?

In the collaborative process, lawyers act as advocates for their clients while also facilitating productive communication and negotiation between the parties. They provide legal advice, help identify and prioritize issues, assist in generating operations for resolution, and draft any necessary legal documents. 

Do these lawyers have special training?

Yes, lawyers practicing collaborative family law typically undergo specialized training in collaborative practice techniques. this training equips them with the skills necessary to effectively navigate the collaborative process, including communication, negotiation, and conflict resolution skills. 

What happens if you don’t come to an agreement?

If the parties are unable to reach an agreement through the collaborative process, and if the participation agreement allows for it, the lawyers involved must withdraw from representing the parties in court proceedings. The parties would then need to retain new lawyers if they wish to pursue their case through litigation. However, the collaborative process often helps parties come to a resolution, reducing the likelihood of this outcome. 

If my partner and I agree on issues, discuss how to do a separation agreement.

If both you and your spouse reach a consensus on your family law matters, you have the option to document your agreement in a separation agreement. A separation agreement is a formal written contract that individuals may enter into after their separation or divorce, outlining the specific terms and conditions for addressing their respective concerns and matters. For instance, it may specify the exact amount of alimony and child support that one spouse will provide to the other, as well as determine which partner will have legal custody or visitation rights over the children. A separation agreement may be created in the case of marriage or a common-law relationship. It is possible to reach a consensus on the matters that are mutually agreed upon, while simultaneously addressing other unresolved matters. Prior agreement with your spouse is not required for creating a separation agreement. The agreement must be written down, with the signatures of both parties, and attested by witnesses. Later on if parties want to change anything, If both parties mutually consent, it is possible to change a separation agreement by creating a new one.