Operating in municipalities near the Bay of Quinte, Ontario, Canada
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Introduction
Collaborative Family Law: An Alternative to Destructive Courtroom Battles All too often, a couple’s decision to separate or divorce triggers a courtroom battle which is psychologically, emotionally and financially draining—not just for the spouses, but for their children as well. Collaborative family law is designed to eliminate the bitterness, rivalry, hostility and one-upmanship that characterize traditional matrimonial litigation. What Is Unique About Collaborative Family Law?
The unique feature of Collaborative Family Law is a
four-party contract signed by both estranged spouses and both lawyers.
The contract commits all four individuals to working in a co-operative
manner to arrive at unique, creative solutions to the problems facing
that specific family. In particular, the spouses agree that they will not start court proceedings unless all efforts at collaborative resolution have been completely exhausted. But even more important is the agreement by the lawyers that they will not go to court on behalf of these clients at any time. Thus, if negotiations break down and one spouse decides to head for court, two new lawyers will have to be hired. Both spouses realize that this would result in a wasteful duplication of legal fees. This gives them a keen incentive to remain at the negotiating table and to avoid court proceedings if at all possible. Both lawyers realize that they might lose a client not only if their own client is dissatisfied with their efforts but also if the party on the other side becomes alienated. Therefore, the lawyers have an incentive to: 
be courteous and respectful
to both spouses
ease hostilities between the spouses
develop innovative solutions
that will satisfy both sides and keep them at the bargaining
table. How Does Collaborative Family Law Work?
Face-to-face meetings are held among
both spouses and lawyers, as many times as necessary
Both sides agree in writing to provide
full disclosure of all necessary information
The cost of outside specialists (for
instance, financial or tax consultants, or child psychologists)
is sharedWhat Benefits Can I Expect from Collaborative
Family Law?
Less expense than in traditional
litigation
No waiting for the court’s backlog
to be cleared
Less stress for the spouses
Less stress for the children
A tailor-made, individual plan for
settling your case
An ongoing relationship with your
“ex” based on mutual respect and civility |
Quinte Collaborative Law Association
c/o P.O. Box 1327
Belleville, Ontario
K8N 5J1
Last updated February 25,
2003
