About The Collaborative Process

Family Law Collaborative Process Explained

How does the Collaborative process work in Family Law divorce/separation?

In the Collaborative divorce process, you, your former spouse or partner and your collaboratively trained lawyers have a series of round-table meetings (which are called 4-way meetings), to talk about the issues, generate options, solve immediate problems or needs and ultimately document legally binding agreements when agreements are reached. By agreement other professionals such as a coach and financial advisor can be involved in the process. There is little correspondence between your lawyers outside of the collaborative meetings because the process is designed for the communication to occur in “real time” and be open to all persons participating in the process. This enables you to speak up and be heard and to take a genuine problem-solving approach to the life changes that you have to make.

At the start of the process, an agreement is signed (usually called a ‘participation agreement’) which sets out the basis of each client’s commitment to reaching agreement, disclosing documents and communicating in a civil and co-operative way. The agreement also explains how neither lawyer can continue to act for their client in Court if the process comes to an end without agreement being reached. This provides a strong incentive to persevere with the process and reach a resolution, which meets as many of the needs and interests of all family members as is humanly possible.

As a collaborative practice group we like the description of the spirit of collaborative practice that is summed up in the words “A dignified ending and a healthy new beginning.”

What are the Costs?
Your Collaborative professional will explain the costs that he or she will charge you during the process. At an early stage your Collaborative Lawyer will aim to estimate your likely costs of using the collaborative process based on which collaborative model may work best for you and your family, the complexity of the issues involved and the special needs of any family members.

Whether you are thinking about using a collaborative process, mediation or a non-collaborative lawyer, your Collaborative Lawyer will endeavour to compare and contrast the estimated legal costs involved with each alternative, alongside the possible legal costs if you go to Court.

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