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.