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WHAT IS COLLABORATIVE FAMILY LAW?
The first principles of collaborative family law are as follows:
  • a) The lawyers and their clients take a team approach to the solution of the family's problems. All communication and disclosure are on a four-way basis.

  • b) Commencement of court proceedings is not an option. The parties and their lawyers enter into a participation agreement whereby they agree to the collaborative approach. If a party decides to withdraw from the process there is a 30 day "cooling off" period before court proceedings can be commenced. In the meantime both parties have to obtain new counsel.

  • c) Negotiations are interest based as in mediation.

  • d) The law is not the only standard used to find an appropriate solution.

The foundation for a collaborative family law program is an agreement or understanding involving a number of lawyers who agree to participate in collaborative family law. Such groups will normally require that each member of the group undertake and complete some collaborative family law training.

The members of a collaborative family law group need not restrict their practices to this approach. Some will continue to have a litigation practice, a mediation practice or some combination of the three.

In individual cases the process begins when a client is briefed as to the various options available and chooses collaborative family law. The client is then asked to encourage his/her spouse to make an appointment to see one of the other group's members. When both clients have indicated an interest in proceeding on this basis the lawyers will have an early meeting, the main purpose of which is to address any immediate concerns. The lawyers and clients then schedule the first joint meeting. Because communication is open and four-way, this can often be arranged within one or two weeks of the initial visit by the first client.

The meetings are conducted somewhat like mediation sessions. The parties are given the opportunity to express themselves and consider each other's underlying concerns. Dates are set for the exchange of information and subsequent meetings, ultimately resulting in a joint preparation of a separation agreement.

In cases with simple issues or where the couple has discussed and agreed to most items the whole process may be completed within a matter of weeks. Even in difficult cases there will generally be complete resolution within three to six months.

Outside resources are used where appropriate. A mediator may be invited to participate where there is a particularly difficult issue. A child advocate or parenting plan coordinator may be asked to participate and act for the children where appropriate. Other professional services are drawn upon where needed.

The process is particularly attractive to middle income families where the spouses wish to have at least a civil post separation relationship.

A high percentage of couples who use Collaborative Family Law are successful in reaching a mutually acceptable agreement.


LEEDS AND GRENVILLE COLLABORATIVE FAMILY LAW ASSOCIATION
This association was recently formed and includes a number of lawyers, all of whom have completed Collaborative Family Law training. Robert Hammond and Elizabeth Osborne, the partners at this firm, are members of this Association.

HOW TO GET STARTED
When you come to this firm for initial advice, one of the options we will discuss with you is the Collaborative Family Law approach. If you indicate a preference for this choice, we will give you a list of Collaborative Family Law lawyers in this area to provide to your spouse. If your spouse contacts one of these lawyers, he/she will also have this option explained to him/her. If your spouse chooses this option, his/her lawyer will contact us and the process will be underway.

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The Boardwalk · 9 Broad St · Suite 207 · Brockville · Ont. K6V 6Z4 
Tel (613) 498-0944 · 1-(877)-498-0944 · Fax (613)498-0946
email: rob@hammondosborne.ca · betty@hammondosborne.ca

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