Agreement not to proceed to Court.
When both spouses agree to use the Collaborative method to resolve their family law issues, they are agreeing not to file material in Court and agree to negotiate with the other spouse following the principals of collaboration. Both spouses retain their own collaboratively trained lawyer. Should a party wish to proceed to Court they must notify the other party and all professionals in writing and cannot file documents in Court for 30 days after their notice (unless the matter is an emergency). Should this occur both spouses are required to hire new counsel should they wish representation in the Court process.
The lawyers will provide guidance by educating the parties on the law and providing legal advice that considers the law, however the Collaborative process allows for a greater focus on creative solutions to legal problems in a way that works best for the family’s needs and the spouse’s individual needs. Working together on solutions rather than entering an adversarial process, that only creates a greater divided between spouses, is a major benefit of Collaborative law.
Complete and honest disclosure of information, including financial documents.
The Collaborative process requires spouses to provide full financial disclosure and to be open to requests for financial disclosure, and any relevant information, from the other spouse. Discussions during the Collaborative process are open and honest and without prejudice (cannot be used outside of the Collaborative process).
A commitment to resolving disputes respectfully
It is important in the collaborative process that clients and other professionals commit to open and respectful communication. Spouses may not always agree but with the guidance of the professionals they can express their differences in an effective and solution oriented way. The Collaborative process focuses on many principals and expectations of the spouse’s and the professionals. A few of these are as follows:
1. Address the problems and concerns at hand. Do not blame each other. No insults.
2. Listen carefully and try to understand what the other person is saying without judging the person or the message.
3. Express yourself in terms of what is important to you, what your concerns are and what you want to talk about.
4. Do not interrupt when another person is speaking. The team will ensure you have an opportunity to speak about everything that you want to talk about.
Collaborative Practice Manitoba has further information about the Collaborative practice in Manitoba and addresses why the method should be considered stating:
“Why choose Collaborative Practice?
It’s never easy when a marriage ends. We understand this decision didn’t come lightly and it can often turn your entire world upside down. Communication channels may be broken and you may also be harbouring ill feelings towards your spouse, while you struggle to manage the expectations of your children and family.
It doesn’t have to be like this.
Through Collaborative Practice, you’ll be engaging in a process which aims to resolve all of the issues without resorting to litigation or court. It’s a trusted and holistic approach which involves lawyers, financial specialists, mental health professionals and child specialists to help you transition into this next chapter of life, with you in mind.”
