About Collaborative Family Law

Collaborative Family Law (or CFL) is an innovative and non-adversarial form of dispute resolution based on:

• honesty
• integrity, and
• respect between spouses.

CFL requires that separating or divorcing spouses engage in a series of four-way meetings during which they must work collaboratively with one another, their lawyers and other third party specialists to reach a mutually acceptable resolution of the issues stemming from the breakdown of their marriage.

The parties must also agree, at the outset, that they will not go to court to resolve their issues nor will they even threaten to do so. This affirmation allows them to be as open and honest as possible since it eliminates the threat of court, costly litigation and potential aggressive cross-examination.

The innovative quality of CFL is evinced by the client driven nature of the negotiations that take place. Essentially, the parties decide which issues to discuss and in what order, they make all decisions, as opposed to an impartial arbiter, and they are encouraged to discuss their feelings, needs and wishes.

The lawyers that are present during the meetings perform a somewhat secondary role in that they merely offer support and encouragement to their clients, or act as coaches administering advice when any legal issues arise. The lawyers ensure that the process stays balanced, positive and productive as parties are guided towards the best possible settlement which maintains and promotes the spouses’ and children’s rights. Each side benefits from sound legal advice and advocacy at all times during the process.

A mandatory requirement of CFL is full and frank disclosure by both parties. Truthfulness by the parties and an absolute commitment to settlement are crucial for the successful execution of the process. Should any of these requirements not be met then the process will ultimately fail. When the CFL process fails the parties are obligated to seek out alternative representation because their CFL lawyers, or any member of their firms, are prohibited from working on the file as stipulated by any Participation Agreement entered into.

All participation in CFL must be completely voluntary and consensual as a spouse cannot force the other to opt for it. Furthermore, collaborative lawyers must expect and encourage the highest good-faith, problem-solving behavior from their clients.

There are some cases that allow for the participation of third party specialists (such as financial specialists or parenting coaches). These third party specialists provide the spouses with additional information as to what arrangements should be made, and agreed to, to best suit their particular situation.

CFL provides parties that are in the midst of a divorce or separation with a quicker and more efficient solution to the issues that need to be determined which can then be incorporated into a written agreement (which is easily amenable to account for changes in circumstances).

It allows parties to avoid court and the excessive financial costs associated with court. The emotional and psychological costs that are often tied to bitter divorce battles are reduced, if not eliminated, as the parties are encouraged to work together as a team and resolve the issues based on their situation, needs and interests as well as those of the children.