Collaborative Law
At Starr Family Law we expanded our family law practice to include collaborative law because of our concern with how all too often the traditional court process negatively affects families. A collaborative approach is a positive one that focuses on preserving dignity by taking into account the needs of everyone in the family unit. Both Victoria Starr and Zehra Daudi are trained and certified in this process and can help you achieve your personal objectives and also build a working relationship with your spouse to help you both co-parent your children in the future.
The Unique Qualities of Collaborative Family Law
Collaborative Law (also called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) is a family law process designed to enable couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of Court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation.
The voluntary process is initiated when the couple signs a contract (the Participation Agreement), binding each other to the process and disqualifying their respective lawyer’s right to represent either one in any future family related litigation.
In a Collaborative Law case, the process itself is quite structured. That is, the parties strive to reach a mutually acceptable, interest-based settlement through a series of meetings, sometimes called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. Each joint session is followed up with short debriefing sessions between each client and their lawyers and as well, short debriefing sessions between the two lawyers so that they can keep the process on track. These meetings (4-way followed by a debriefing meeting) reoccur until a settlement has been reached.
Ultimately, the parties make their own decisions based on their own standards and each party will judge, by him or herself, whether the terms of the agreement are “fair” to them.
Team Approach
Collaborative Family Law makes use of a team approach to help the couple make fully informed, carefully considered, settlement decisions. When appropriate, the group brings in outside consultants to help resolve the conflict. Typically, this will include a variety of collaboratively trained specialists.
- Financial Specialists: These financial specialists help by efficiently and thoroughly providing a financial analysis of assets, debts, and budgets for the party or couple with the goal being to allow the couple to make informed future plans. Some of the ways a financial expert helps is to model alternatives for dividing the assets or retirement funds, flagging possible tax implications, and helping explore possibilities to ensure financial security for the party or parties. A financial specialist may also help educate a party who needs more education on finances, and who may need extra support to learn the necessary information in order to make decisions that meet that person’s needs. Other financial experts may be hired, for example to value a party or a couple’s business, pension, home, etc…
- Where there are children, a mental health professional (generally a child or family therapist, psychologist, psychiatrist) may be brought in as “child specialist” to educate the party or parents as to the developmental needs of children, and to explore ideas for parenting plans/schedules. A divorce coach (typically also a mental health professional) can also be important in a case without children. Separation and divorce is an emotional process and having a coach can help clients more efficiently reach resolutions, and can help lawyers better facilitate.
- Sometimes we even use communications coaches (again typically mental health professionals with a background in supporting families who are going through a divorce or separation process), to help the party or parties clarify their needs, listen to the other’s needs, handle challenging situations more effectively, and to stay focused throughout the process, all of which substantially reduce the normal anxiety often experienced in the separation or divorce process and helps allow the co-creation of a resolution.
The role of the consultant in the process is flexible with the advantage of being tailor made to address individual needs, those of the couple, the parental relationship and the wishes and hopes of the children.
Effectiveness, Cost, and Satisfaction
Lawyers and clients are consistently reporting that this process can be quicker, less expensive and less painful than a typical separation. For many, the main appeal of the collaborative approach is that it allows the parties to craft a settlement that best meets the specific needs of both parties and their children and as well, helps all the family members come through the separation or divorce with the least amount of trauma and distress. Because the parents aren’t fighting, the children adjust better.
Unsuitability For Certain Matters
Collaborative divorce may not be a viable option in certain situations. If there is active domestic violence, drug or alcohol addiction, serious untreated mental illness, or an intention to hurt the other party emotionally or financially, traditional litigation or arbitration may be more appropriate.
Collaborative Family Law Links
The Collaborative Family Law Practice Group Peel (Mississauga, Brampton, Milton, Oakville) representing lawyers in Mississauga, Brampton, Milton, Oakville.
www.peelcollaborative.com
The Collaborative Practice Toronto
An interdisciplinary group representing lawyers, mental health professionals and financial professionals in the Toronto area.
www.collaborativepracticetoronto.com
The International Academy of Collaborative Professionals (IACP)
View this site for the most complete list of Collaborative Practice organizations in the world.
www.collaborativepracticetoronto.com
Ontario Collaborative Law Federation
www.oclf.com