Governing Principles of Collaborative Family Law
The Collaborative Family Law process promotes constructive dialogue between separating or divorcing couples to solve the problems in the best way for their family. Both participants have the benefit of the guidance and support of their specially trained CFL lawyers. Together, the participants and their lawyers design a process, set an agenda and work equally toward the best possible outcome. The participants are not limited to the outcomes that might otherwise be imposed by a Family Court. In fact, court is not an option during the CFL process. Instead, everyone's energy and efforts are focused on settlement.
The CFL process is governed by these principles:
- The clients, along with their lawyers, first sign a Participation Agreement whereby all commit to work within the framework, principles and spirit of Collaborative Family Law.
- This commitment means that both parties, and their respective lawyers will work together to reach the best possible mutually acceptable settlement.
- Clients are guided by their lawyers through their settlement discussions to resolve their issues in a creative manner that is right for their unique situation.
- The lawyers encourage their clients to discuss their issues in a dignified and respectful manner, and assist in creative problem solving leading to resolution.
- Throughout the Collaborative Family Law process, clients are empowered, and at all times maintain control of decision making.
- Under the agreement, both sides cooperate in providing and sharing all financial records and other pertinent information that is requested.
- The process promotes mutual cooperation, good faith and respect between the two parties, thereby minimizing the conflict which leads to stress and turmoil.
- This leads to an atmosphere of cooperation in the resolution of issues which in turn fosters parenting where decisions are jointly made in the best interest of the children.
- Overall, the Collaborative Family Law process avoids the need to file court papers, hold costly court hearings and pay separate legal fees. Generally, this results in a process that is shorter and less costly than litigation and spares client families the emotional, and often financial, exhaustion caused by going to court.
- In the event a settlement is not reached, the lawyers must withdraw and neither they nor any members of their firm may represent either of the clients in any further litigation.
|
 |