If you and your partner want to resolve legal issues and disputes out of court, collaborative family law is best for you. Most married couples use the traditional approach for divorce, which is an adversarial legal system. However, this conventional approach to divorce has a significant personal and financial impact on both parties. 

On the other hand, if you don’t want to undergo the traditional approach, mediation is an alternative dispute resolution method. It is where a neutral facilitator helps both parties come to a possible agreement. 

However, collaborative law has gained popularity because of the ease it offers. This is just one of the pros of collaborative family law. Its entire process empowers both parties of the separating couple to come up with the best agreement.

While collaborative family law Ontario is used in family disputes, other jurisdictions are also applicable. Between separated couples, it is still a practice model perfectly suited to resolving family disputes. This law is made by collaborative practitioners who are motivated to preserve peace between parties. 

Also, it enhances good communication with each other. For couples, it assists them in becoming child-focused and future-focused. To achieve successful results, collaborative practitioners work in parallel with child psychologists and other FDR practitioners’ works.

What is Collaborative Family Law?

Collaborative Family Law (CFL) is one of the wide range of options available for the separation of a marriage. On one end of the options is a couple sitting down and reaching a possible agreement on their disputes. On the other end is the traditional litigation system. It requires an outside third party to make decisions concerning the separation of the marriage. 

However, the latter option has a significant negative impact on both parties and their children. There has been considerable research that shows the adverse effects of traditional divorce on children. According to the research, high levels of parental conflicts and disputes are toxic to children. But with CFL, you no longer have to worry, as you will arrive at a “good divorce.”

Thus, if you plan to end a marriage, collaborative law will help you work toward a healthy relationship and post-divorce communication. It does not only protect your emotional and mental health but also that of your children. Besides, if you have a marital estate, you can protect against financial erosion. 

Collaborative Family Lawyers in Ontario: What do they do?

Collaborative family lawyers have special training when it comes to dealing with family legal disputes. They are trained to narrow in on both partner’s legal rights, interests and needs. Their primary role is to help the couple arrive at an appropriate solution cooperatively. 

Typically, they will create a forum to support partners to speak openly and transparently with each other. They make sure both partners have all the necessary documents and information to make an informed decision. 

Collaborative family lawyers and practitioners agree not to bring the divorce to court. Thus, they are committed to helping partners reach a possible agreement outside the court. Then, once a settlement is reached, your collaborative lawyer will draft a separation agreement for you.

The Entire Process:

1. You and your partner will need to hire a family lawyer, specifically trained in collaborative family law. If you want, you may also hire a trained financial professional or child specialist.
2. Both of you must sign a participation agreement where you both promise to communicate honestly and respectfully. You also need to negotiate towards a deal and voluntarily disclose all necessary information.
3. After signing a participation agreement, you’ll have a series of structured settlement meetings. Both of you need to have open communication. Generally, it uses a team-based approach resolving your dispute and agreeing to terms. It may involve legal, financial, and child-related concerns.
4. In the end, you and your partner should reach an agreement that makes you both feel satisfied. Then, your collaborative lawyers will draft a separation agreement. Once both of you have signed, the separation agreement will become a binding and enforceable contract.

What are the Requirements For Collaborative Family Practice?

Couples who choose a collaborative approach, both must:

• Be respectful and transparent.
• Arrive at a mutually acceptable agreement.
• Openly communicate and share relevant information while making full disclosure.
• Create solutions that take the deepest concern and priorities into consideration.
• Listen objectively and remember that both of your needs require equal review.

Pros of Collaborative Family Law Approach

These are some of the advantages of a collaborative approach to the divorce process: 

• A collaborative process can lead to resolution much faster than going through the courts
• One of the major pros of collaborative law is it is more cost-effective than litigation.
• It is designed to be non-confrontational and non-adversarial. Therefore, it helps in preserving relationships and allows people to begin new lives more peacefully.
• It has full confidentiality and disclosure in meetings and negotiations. It supports both parties to reach a sufficient resolution.
• It is more likely to produce solutions that concern both parties’ interests (and the children, if any).
• With the help of professionals and lawyers, separating couples can bring creative solutions to the table.
• Other main pros of collaborative family law are it gives the parties more control of the process. They can control the time frames and costs.

Cons of Collaborative Approach

• Before signing the participation agreement, both of you must agree on all details.
• You must hire your lawyer and other professionals, which can be expensive.
• It’s not ideal if there’s an emergency that requires obtaining a court order quickly.
• You may not be able to negotiate legally or safely with your partner if there is a history of abuse.

Conclusion 

The foundation of collaborative family law is the written participation and separation agreement between all parties. Hence, clients retain collaborative lawyers solely to facilitate the negotiation arriving at a mutually acceptable agreement. 

If you need a collaborative family lawyer in m Ontario, visit the Lichtblau Law office today. With decades of experience in dispute resolution and family law, we have the skills necessary to help you resolve all issues and disputes. Call us at 416-633-2465 to make an appointment with us today!