What It Is
- Both parties and their lawyers work together to resolve the matter outside of the court process
- Other professionals such as financial advisors and parenting specialists may also be part of the process and are paid for by both parties
- If negotiations break down and the parties decide to go to court, they must hire new lawyers
- The parties come to an agreement about all issues involved in their separation (parenting time, decision-making, support, property division)
- They negotiate a final draft
- The parties sign
Pros
- Your lawyer is still your advocate, but the focus is on your needs and priorities and on the best solutions for your family, not just on your individual legal rights
- You cannot be forced to agree to anything
- Generally takes much less time than going to court
- You share the cost of neutral professionals such as financial advisors, who usually charge less than lawyers
- You have a lot more control over timing and the process and the final decision
- You can learn how to work together as a family post-separation
Cons
- Like any alternative dispute resolution process, it may not be appropriate for all families, especially if there is harassment, power imbalance, abuse, or manipulation
- If the negotiations don’t work, you may have to start all over again with new lawyers
Contact
Call me at 613-807-2673 or email bordescj@gmail.com to set up an appointment over Zoom to discuss the collaborative process. I can also meet you in the community, especially if you live in Almonte, Pakenham, and nearby areas.
Claudia Bordes 