How It Works
Resolve Differences Without Going to Court
Collaborative Law takes a team-based approach, recognizing that legal disputes often stem from breakdowns in communication and can involve strong emotional and financial elements. It offers a private, respectful, and efficient way to resolve family matters – without ever stepping into a courtroom. Both parties work with their own Collaborative Lawyer in a series of guided meetings focused on finding solutions that work for everyone.
How the Collaborative Process Works
1. Meet With Your Collaborative Lawyer
Each person meets privately with their own lawyer trained in the Collaborative process.
2. Sign the Participation Agreement
The Participation Agreement is usually signed by all four people at the first four-way meeting.
3. Four-Way Meetings
Through a series of four-way meetings, the legal issues are identified, and the parties reach agreements on each point of settlement. The Collaborative Lawyers work together to help the parties find creative solutions that meet everyone’s needs, while still providing independent legal advice to their own clients.
4. Separation Agreement
The parties sign a Separation Agreement drafted by one of the lawyers. The Separation Agreement can be filed in court and become the final order resolving the legal issues between the parties. With a signed Separation Agreement, the parties can proceed to a No Court Divorce.
Collaborative Law vs. Mediation
Collaborative Law differs from mediation in that a mediator is a neutral party who cannot offer advice or opinions, whereas the collaborative process allows both parties to have active legal advisors. You are never on your own. Your Collaborative Lawyer is at your side, explaining issues and helping you achieve goals by mutual participation and agreement.
Benefits of the Collaborative Law Process
Stressing cooperation over confrontation and resolution over revenge, the Collaborative process is both highly strategic and beneficial in that:
- It gives the couple greater control over the outcome of their divorce.
- It is considerably less expensive than going to court.
- It takes much less time than going to court.
- It benefits the children by keeping them out of the controversy.
- It helps the couple maintain a sense of integrity and respect and avoids the lingering hostility and anger that are so common among divorced couples.
All parties, including children, benefit from the collaborative process in that:
- The atmosphere is completely different. It is a collaboration or working together toward solutions, as opposed to an adversarial approach where one party often feels “the winner” or the “the loser”.
- Your feelings and values are honoured and respected.
- There is usually less animosity in this process and therefore can be much easier on the children.
- The process is relatively fast and efficient and therefore far less costly.
- It can be far less stressful and anxiety producing.
- You don’t go to court.
- The process addresses and emphasizes the needs and well-being of the children and the parents.
In the traditional war zone of a litigated divorce:
- The husband and wife have almost no direct contact with each other throughout the lawsuit process and what little interaction they have is usually bitter and unproductive.
- Tension, fear, anger and recrimination prevail.
- It is almost impossible for the parties to have anything remotely resembling a healthy relationship after the divorce, even when there are children involved. This is because the traditional process is about proving who is right and who is wrong.
FOR MORE INFO: We recommend reading the book called The Collaborative Way to Divorce written by the founders of Collaborative Law, Stuart G. Webb and Ronald D. Ousky. This book will help you make the best decision about how to approach your separation.
Are you ready to move from blame to resolution?
How to Get Started