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Collaborative Family Law – What is this about not seeing you in Court?

The concept of “collaborative law” has been buzzing around Alberta for some time now – and it is currently taking root in Red Deer and Central Alberta.  More and more people are looking at participating in collaborative law to sort out various family law issues because they realize that the social and psychological costs of litigation are high for all the members of the family. But what is Collaborative Family Law exactly?

In Collaborative Family Law both of 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 assets during the process.  The parties and the lawyers meet as a foursome 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 sides in a divorce, 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 of the participants by name (not “he” or “she” or any other description).

Individuals who have participated in Collaborative Family Law say that it is better, quicker, and less expensive.

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, parents often focus 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.

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

Collaborative Family Law, because of its benefits, is taking root in Red Deer and Central Alberta and appears to be working well so far.

By Stacey M. Johnson
September 4, 2002