What is the Collaborative Process?

Collaborative Family Law (CFL) is a better alternative to help families resolve the issues arising out of a separation. Click here to learn more about what CFL is, the benefits, the negotiation process, the professionals involved, and how you can start. 

A mediator is a neutral person who assists the parties to work out a settlement. The mediator does not act for either party and does not provide legal advice. In a typical family law mediation, the clients attend mediation without their lawyers. 

Lawyers for each of the parties then provide independent legal advice regarding any proposed agreements. In a CFL negotiation, each of the parties has a full team present. Each team would provide legal advice, emotional support, and financial planning. The team will work to guide the parties to the best settlement possible.

Most family issues can benefit from the CFL process including issues concerning child custody and visitation; spousal and child support; property and the family home and changes to existing arrangements.

In a CFL negotiation, the parties and their team commit to resolving the dispute in a cross-disciplinary fashion that no other process offers.  In a traditional family law negotiation, the court may be used as a bargaining tool.

In a CFL negotiation, the parties explore options for resolution that fits their individual family’s needs. In a traditional negotiation, typically, only legal options are considered.

In a CFL negotiation, the team works with the client to develop a settlement that that best meets the goals of both parties. In a traditional negotiation, each lawyer advocates solutions that best meet their client’s goals.

In a CFL negotiation, the clients have a voice and take responsibility for resolving the issues in an interest-based approach. In a traditional negotiation, it is the lawyers who maintain control of the process.

Difficult communication is a very reasonable part of the process post-separation. Despite your differences, the common goal remains the same, resolving the issue in a cost-efficient way that avoids a lengthy court battle. The collaborative process helps keep things moving and reach an amicable result.

Collaborative family law has both parties sign a participation agreement that agrees to generate options and a mutually acceptable settlement.

Collaboratively trained professionals are present during negotiations to help defuse conflict and guide discussion. The goal of this form of conflict resolution is to help keep things productive and non-confrontational.

The guiding principle of the entire collaborative practice is a sense of respect. The tone of the entire process is made to foster cooperation, respect, and mutual understanding. Collaborative professionals are trained specifically how to create a non-confrontational environment, and focus on areas of agreement. Members involved in the process have a family and child-first mentality, they want what’s best for your family and your future.

Each of the parties will be responsible for paying the fees of his or her own collaborative professionals; sometimes parties agree to share the total fees incurred. The expenses of a negotiation will vary depending on the complexity of the issues and the commitment of clients to work towards a resolution. 

From our experience, major roadblocks become easier to navigate as you begin to work with a collaborative professional. Our experienced team have handled a variety of complex cases, and know what the cost and outcome will likely look like in court, and will be able to use that as a reference to motivate both parties to achieve an outcome through collaboration. 

If there is an impasse, our team meets and works together to resolve the conflict, keeping negotiations productive.