Collaborative Practice

Resolving Disputes Respectfully

COLLABORATIVE FAMILY LAW

HAMILTON / HALTON GROUP

FREQUENTLY ASKED QUESTIONS

• What is Collaborative Family Law?

   Collaborative Family Law (sometimes referred to as "CFL")  is a way of resolving Family Law disputes in which the lawyers are committed to helping their clients arrive at solutions to their disputes in a co-operative, non-adversarial way.   While we most often think about lawyers as determined fighters in a courtroom, CFL lawyers  employ other valuable skills that work well in a collaborative setting: identifying issues, analyzing problems and offering workable solutions.

• How does it work?

Both parties and both lawyers enter into an agreement to settle all issues without going to Court.  They agree to exchange all relevant information.  They agree to jointly retain and pay for any experts such as accountants, valuators, child assessors.  The  matter usually proceeds as a series of 4-way meetings between the two clients and the two lawyers.  The focus is on finding solutions instead of  dwelling on the emotions and anger of a marital break-up.  The meetings are designed to be an exchange of information and ideas that  have the ultimate result of  achieving a settlement. 

• Who does it work for?

The American lawyer, Pauline Tesler who is a leading practitioner  in the field of Collaborative Family law says this:

"Collaborative Law is the best choice for couples who share a commitment to settlement, have the ability to compromise and see the other's point of view, and want the advantages of specialist legal advice and problem-solving built into the settlement process. It can help spouses arrive at creative settlements even when the problems are complex. It is especially useful when spouses hesitate to negotiate face to face with only a neutral mediator in the room; collaborative negotiations are always conducted with a skilled advocate's active assistance. The settlement results can often be more creative than in other models, because neither lawyer succeeds in the job she or he was hired for unless both spouses' legitimate needs are met in the settlement."

You can check out her article at  www.divourcesource.com.

• Is it expensive?

Despite the fact that the process involves a series of meetings at which both lawyers are always present and, sometimes so is a paid professional such as an accountant,  the Collaborative Family Law process is much more cost-effective than litigation.  It is a fact that most  Family Law cases settle at some stage, often "on the Court House steps".  Such settlements often occur after hours and hours of position taking, drafting of pleadings, and court attendances at motions, Examinations for Discovery and Case Conferences.  Collaborative Family Law starts the settlement negotiations where they belong--at the beginning of the process. The parties are committed to full disclosure and settlement from day one.  Most importantly, the non-monetary costs of litigation (the inevitable anger and stress that go along with a lawsuit) are avoided.

• How do I find out more?

You can call any one of OUR LAWYERS from our group for more information.  Visit their websites.  In addition there are several links set out for you on this website.