What is Collaborative Law?

At Illuma Family Law, we offer Collaborative Law as an approach to your family law matter. While the name of this approach provides insight into what Collaborative Law is, it is more than simply working together with the other party in an attempt to settle your family matter outside of court. It is a dispute resolution process in which trained lawyers assist clients using cooperative strategies, with a focus on identifying underlying interests and generating creative solutions to meet those interests. At Illuma Family Law, we offer both a “soft” and “full” collaborative approach, which we will explore below.

What is Collaborative Family Law, and What are the Benefits of it?

Collaborative Family Law is a dispute resolution process that reaches a settlement in divorce or separation outside of court. The parties and their lawyers work together as a team to reach a resolution through negotiation and cooperation that is mutually agreeable to both parties. This approach prioritizes communication and allows parties to avoid costly and aggressive litigation procedures. When both parties agree to take the collaborative approach, they agree to keep their family law matter outside of court. Typically, the parties, their lawyers, and other collaboratively trained professionals will meet as a group to discuss their needs, interests, goals, and expected outcomes, with the final objective being that the parties come to an agreement that is mutually acceptable.

The benefits of collaborative law can include:

-          saving on legal fees

-          facilitating healthy communication, avoiding acrimony and preserving relationships

-          reducing the overarching climate of hostility

-          emphasis on working together

-          access to collaborative professionals who would otherwise not be involved in a litigation case

-          exploring a wide range of outcomes

-          achieving a custom result that suits the family and their needs

-          achieving results faster as opposed to litigation which can last years

-          providing privacy in comparison to court cases which are public

-          86% international success rate for a full settlement of all issues[1]

Full Collaborative Law

In “full” collaborative law, each party must sign a “Participation Agreement” which outlines the process and includes a commitment to not initiate a court proceeding. The Participation Agreement includes a disqualification clause, which means if one of the parties decides the collaborative approach no longer suits their needs and they would like to take the matter to court, the lawyers must withdraw as counsel, and the parties must retain new counsel going forward. This clause greatly incentivizes the parties and their lawyers to resolve the matter outside of court.

“Soft” Collaborative Law

At Illuma Family Law, we offer a soft approach to collaborative law, in which the parties agree to work in a collaborative fashion, but they do not sign a Participation Agreement. Using this approach, we use many of the same principles such as interest-based negotiations, healthy and open communication, full disclosure, and creative solutions. The end goal is to settle outside of court, however, if the one of the parties move from negotiations to the court process, the lawyers do not have to withdraw from the case.

Teams-Based Approach

Whether you have chosen a full or soft collaborative law approach, each process is teams-based and often includes outside professionals to help facilitate settlement. For example, mental health professionals such as divorce coaches, counsellors, and social workers work with clients to help them articulate their concerns, and work through the emotional aspects of their separation. Child professionals can provide counselling to children involved and work together with the divorce coach and lawyers to develop an ongoing plan for parenting after separation.

Other professionals often involved are neutral financial professionals who can help clients gather and understand financial information pertaining to personal and/or business financials.

Full Disclosure

Another aspect of the collaborative approach is that both parties agree to full and timely disclosure of all information and documents that are relevant to the settlement. In comparison to the court process, no formal discovery procedures are typically used within the collaborative process. Rather than strict court deadlines, the parties can agree to a timeline for disclosure. They also agree to good faith negotiations in the process and to communicate openly, effectively, and efficiently, without judgement or criticism towards the other party.

How is Collaborative Law Different from Mediation?

In mediation, there is a neutral third party who facilitates negotiations between the parties to assist the parties in reaching an agreement. Mediation can also involve lawyers who represent their client’s interests during the mediation, but this is not required. In collaborative law, the parties are working together in four-way sessions with their lawyers who have been trained to use an interest-based negotiation model. Another main difference is that going to mediation does not preclude a party from going to court, whereas collaborative law includes an agreement to negotiate out of court only. In addition to this, parties involved in the collaborative process can also attend mediation if it is beneficial in their matter.

The Process of a Collaborative File

The general process for a collaborative law file begins with meeting with your lawyer and discussing the important issues of your case, and agreeing to take the collaborative approach. After this, your lawyer will often meet with the opposing party’s lawyer independently to discuss the case and come up with an agenda, and whether other collaborative professionals would be beneficial in the matter. They may also discuss and determine whether counselling/coaching should begin first, or if the parties can start with financial disclosure.

Once a general timeline is created, the parties and their lawyers will all meet to discuss and sign the Participation Agreement and go through the agenda together. After this initial meeting, there will be several four-way meetings with the parties and their lawyers, as well as meetings with other professionals as needed, to negotiate and settle the matter. As stated previously, the parties may attend mediation if it would be beneficial to their case. Lastly, the lawyers will draft a separation agreement that is mutually agreeable and represents both parties’ interests, which will then be signed, and can be filed with the court.

Together, in Collaborative Law, the parties, lawyers and other professionals work to de-escalate conflict, help the family adjust to their new normal, and create solutions best for the family. If this type of approach sounds like it would be beneficial for you, please reach out to a member of our Team (here) for more information on how to get started.

Want to learn more? Please contact our team of Vancouver family lawyers for a consultation.

[1] See Linda K Wray, “The International Academy of Collaborative Professionals Research Regarding Collaborative Practice” -Basic Findings- (2010), online: <www.collaborativepractice.com/sites/default/files/2011_08_26_CollaborativePracticeReport_shortversion.pdf>.