Collaborative Divorce

Collaborative divorce is a non-adversarial negotiating process, usually characterized by a series of meetings between the parties and their lawyers (and sometimes outside professionals for support and assistance), with a commitment to the following :

1. negotiating the dissolution of your marriage in an atmosphere of honesty, co-operation, integrity and professionalism geared toward your future well-being and the well-being of your family;
   
2. giving full, honest and open disclosure of all relevant information, whether requested or not;
   
3. protecting the privacy, respect and dignity of all involved;
   
4. maintaining a high standard of integrity and specifically will not take advantage of your spouse, and will not take advantage of the miscalculations or inadvertent mistakes of others, and;
   
5. no contested court applications.

A Registered Collaborative Family Law Lawyer has special training in the Harvard Model of Interest Based Negotiation Theory (based on the Win-Win Paradigm set out in "Getting to Yes" by Roger Fisher and William Ury). They also have a minimum of 40 hours of Family Mediation Training.

In order for you and your lawyers to elect the Collaborative Process you must sign a Collaborative contract which sets out the rules which are consistent with the principles that have been set out above.

This model is distinct from negotiating within a traditional litigation context which is based on a WIn-Lose Adversarial Model and approximately 700 Rules of Court. The Rules dictate everything from how much information you must disclose; when you must disclose information; how you give evidence; how a lawyer can Discover you; how and when a lawyer can Cross Examine you; how a lawyer can make demands for you to appear in court, etc.

It is easy for most families to understand how the Collaborative Model would be the most appropriate forum for them to work out the very emotional and painful task of dissolving their marriage and if they have children, reconfiguring their parenting relationship in a way that is the least harmful to their children.

However, the Collaborative Model may not be recommended if there is reason to believe that immediate steps are required to protect yourself, your property or your children from your spouse (e.g., your spouse is abusive to you or your children or may hide or otherwise dispose of assets without your consent).

Click here to view a table which further compares the Collaborative Model to the Litigation Model.

If you would like an assessment of whether your situation is appropriate for a Collaborative Divorce, contact us to schedule an appointment with a Registered Collaborative Family Law lawyer at our firm.