When parties make the difficult decision to separate, unfortunately people then have the added layer of stress thinking they have to go through a long, expensive litigation process. However, there is an alternative to the court process called Collaborative Family Law. Collaborative Family Law focuses on helping parties reach amicable agreements through a structured process, with the assistance of specifically trained professionals.
How the Collaborative Process Works
Parties interested in going through the Collaborative process have to each hire their own Collaborative lawyer and enter into a participation agreement that sets out the party’s commitment to finding a resolution outside of court. Once the parties have made this commitment, the parties and their lawyers attend 4-way meetings and work together to reach a resolution. Before the parties can have meaningful discussions, both parties are required to share all relevant information transparently, ensuring that decisions are made based on everyone having the same information. In addition to the lawyers involved in the Collaborative process, parties may engage neutral professionals such as financial advisors, child specialists and divorce coaches to provide expert guidance and support through the process. At the end, the parties will sign a comprehensive agreement created by both lawyers, which would finalize and conclude your family law matter.
As part of the Collaborative process, the parties also commit to maintaining respectful communication between them. This is not always easy given the circumstances and often involving people’s heightened emotions of anger and hurt. However, having the right legal representation does make this process easier. Collaborative Family lawyers are also trained mediators and receive special training to navigate difficult conversations and work through conflict resolution. Maintaining positive communication is especially important where children are involved as parties will have to continue to co-parent with each other and their lives will forever be intertwined despite the divorce. As a family lawyer, we often see parents arguing over parenting time and lose focus on what is truly in the best interests of the children. In cases where there is high conflict between the parties, the children are always negatively impacted the most. The focus in the Collaborative process is bring the parties together to create a fair and amicable solution for everyone involved, rather than having an adversarial battle where you are pitting one party against the other to “win” in Court.
The Benefits of Choosing Collaborative Family Law
There are many benefits to choosing Collaborative Family Law over the traditional court-based process, making it an appealing option for many families. In the Collaborative Family Law process, the parties have more control over the outcome of their disputes. Unlike in court, where after presenting your case, a judge will make the ultimate decision affecting your family. In the Collaborative process the parties ultimately decide and agree on a resolution that best suites their unique circumstances. This autonomy can lead to more satisfactory and long lasting outcomes, as solutions are tailored to the specific needs of the family.
As discussed, one of the primary goals of Collaborative Family Law is to preserve relationships, specifically a co-parenting relationship. This approach can reduce conflict and can significantly reduce emotional stress. The adversarial nature of traditional litigation often exacerbates emotional stress for all parties. The Collaborative process prioritizes a supportive atmosphere that promotes understanding and empathy. This can lead to a less confrontational process, helping individuals navigate their emotions. Furthermore, the Collaborative process can often be more cost-effective than litigation. Albeit any family law matter will accumulate legal fees, having the right legal representation and approach to resolving your matter can make a difference to your legal bill. The Collaborative process is designed and curated to help families come to resolutions quickly and efficiently, saving parties court fees and other expense associated with prolonged legal battles.
Another benefit of the Collaborative process is that it is private and confidential, unlike court cases which are public. This confidentiality helps protect sensitive information and maintain the privacy of the family, reducing potential public scrutiny and its associated stress.
Collaborative Family Law represents a transformative approach to resolving family disputes by emphasizing cooperation, communication, and respect. The approach offers numerous benefits over traditional court-based process, including greater control, reduced conflict and enhanced emotional well-being. The Collaborative process may not be the best approach for all family law matters, however, it can still be helpful even in high conflict cases. As more families recognize the advantages of this approach, Collaborative Family Law is a growing practice in the Fraser Valley.
Take the First Step Toward a Peaceful Resolution
Separation can be overwhelming, but resolving matters doesn’t have to add more stress. Collaborative Family Law offers a respectful, solution-oriented alternative to court. Contact us to explore if this approach is the right fit for your family.
Pamela Bakshi is an accredited collaborative family lawyer and certified mediator, and is also a member of the Collaborative Association of Lower Mainland.
