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camroseLaw.com is a service of Fielding & Company LLP COLLABORATIVE FAMILY LAW
(continued) The key to Collaborative Family Law is cooperation and collaboration. That does not mean that each individual client’s interest is not met or protected. Just the opposite. Although both parties and both lawyers commit to working as a team, each lawyer’s highest duty is to his or her own client. Each lawyer explains to his or her client the relevant law and points out unreasonable expectations. Through what is known as Interest-Based Negotiation or Principled Negotiation, each of the parties’ interests are identified. Through focussing on the parties’ common interests, the parties’ work together to reach an agreement that sees each party’s interests (as opposed to position) met. In other words, the goal is to find win-win solutions to the problems and issues. |
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Collaborative Family Law proceeds mostly by
meetings with the two clients and the two lawyers being present. With
almost all of the work being done with the clients being present, the
clients take control of their lives and their decisions. The meetings take
place as often as necessary and as soon, or as far apart, as all parties
decide. During the meetings there is a complete exchange of information. Full disclosure is imperative to the procedure. There is a complete exploration of each of the party’s individual concerns and interests and an examination of common interests. The Collaborative Family Lawyers are skilled in assisting the parties in understanding each other’s concerns. If necessary, outside experts are jointly retained. These can range from accountants, to business evaluators, to financial planners, to therapists and coaches. None of these experts are retained without joint agreement. A wide range of possible choices for resolving the issues between the parties is identified by the parties and their lawyers and then the parties are assisted to reach solutions acceptable to each of them. The Collaborative Law process and the negotiations are characterized by a full discussion of the parties’ individual perspectives and interests in a respectful environment which encourages the parties to let go of the past in order to focus on the future. Each of the parties are encouraged to understand each other’s concerns, as that is one of the keys to successful negotiation. Experience has shown that resolving issues arising out of relationship breakdowns through Collaborative Family Law saves the parties significant time and money; reduces destruction to the family from high conflict; helps the parties to provide for the children’s best interests; puts the parties in control of their divorce; and is creative and flexible to fit the needs of the parties. For more information on the Collaborative Family Law and how it works, or to find a Registered Collaborative Family Lawyer to represent you, please refer to the website: www.collaborativelaw.ca *Marla S. Miller is both a Registered Collaborative Family Lawyer and a Registered Family Mediator and practices in Edmonton with Miller Boileau Family Law Group. Used with permission. |
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copyright Fielding & Company LLP 2005 |
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