Collaborative family law offers a respectful, cooperative alternative to traditional court proceedings during separation or divorce
When spouses choose the Collaborative method, they commit to resolving their legal issues through open communication, mutual respect, and a shared goal of reaching solutions that prioritize the well-being of their family.
Agreement to Engage in Out-of-Court Dispute Resolution
By entering into the Collaborative process, both spouses agree not to file any materials in Court. Instead, they commit to negotiating with the support of their own collaboratively trained lawyers, following the principles of collaboration. If either party later decides they wish to proceed through the Court system, they must provide written notice to the other spouse and all professionals involved. Court documents cannot be filed for 30 days after this notice—unless it’s an emergency. If this happens, both spouses are required to retain new legal counsel to continue. The lawyers in the Collaborative process offer legal advice and education on the law, while also helping to develop creative, customized solutions that reflect the unique needs of the family. This commitment to working together—rather than entering an adversarial process—is one of the greatest benefits of Collaborative law.
Full and Honest Financial Disclosure Matters
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).
Respectful Resolution Starts with a Shared Commitment
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:
Address the problems and concerns at hand. Do not blame each other. No insults.
Listen carefully and try to understand what the other person is saying without judging the person or the message.
Express yourself in terms of what is important to you, what your concerns are and what you want to talk about.
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.
Why choose Collaborative Practice?
Collaborative Practice Manitoba has further information about the Collaborative practice in Manitoba and addresses why the method should be considered stating:
“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.
But 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.”