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Collaborative Law Update

The concept of “collaborative law” has been buzzing around Alberta for some time – and has now taken root in Red Deer and Central Alberta. Several lawyers in Red Deer and Central Alberta have formed a non-profit organization called the Association of Collaborative Lawyers of Central Alberta.  The lawyers that are members of this Association have been specifically trained to practice Collaborative Law.  Primarily the Collaborative Law process is used in family law but it is not limited to family law and is expanding into other areas. But what is Collaborative Law exactly?

In Collaborative Law the parties and each of their lawyers sign a contract setting out that they all agree not to go to Court, they all agree to be committed to the process of resolving issues between the parties, and they all agree that everyone must disclose all relevant documents and information during the process.  The parties and the lawyers meet as a group in a neutral setting and work towards negotiating an agreement between the parties.  The lawyers represent their clients’ interests but they avoid stonewalling or taking advantage of any errors.  In summary, collaborative law attempts to disarm the opposing sides, it takes away the spectre of the Courtroom, and it uses lawyers constructively as problem solvers.

Further, everyone in the room (and yes this includes the lawyers) must follow the same basic “ground rules” for communicating during the process.  For example, no one is allowed to threaten to go to Court, no one is allowed to simply point out problems without also trying to think of solutions, and everyone is to refer to each the participants by name (not “he” or “she” or any other description).

Individuals who have participated in Collaborative Law say that it is better, quicker, and less expensive than other processes available.

Collaborative Family Law is seen to be better as it focuses on the children, it promotes communication between the parties, and it allows the participants to make the final decisions. In the litigation process, the parents are often focused on the parent’s rights versus what is best for the children.  Also, the litigation process does not encourage communication between the parties. Once a matter is fought and an order granted the lawyers drop out of the picture and the parties have to deal with one another directly.  Often by this stage, the parties have little or no skills for dealing with one another (before it was done between lawyers).  Given that parties that have children will need to be in touch with one another forever (after the children turn 18 there are still weddings, graduations, grandchildren, …) learning how to deal with one another is an important lifetime skill.  Lastly, in Collaborative law if any decisions are made, they are made by the parties that must live with the decisions at the end of the day.

These same benefits also point to using Collaborative Law in estate matters (again because families are involved and many of the relationships must be maintained to some extent after the dispute).

Collaborative Law is often quicker and less expensive because there can be fewer formal steps taken in Collaborative Law as compared to the litigation process.   Often people fight in Court and when they run out of money they settle.  The Collaborative Law process recognizes the realties of the litigation process and starts to focus on settlement at the start – not when everyone is out of money.

By Stacey Johnson
February 5, 2003