Collaborative law was born in the United States in the 1990s and its development in Anglo-Saxon countries was meteoric. It is now practiced in most provinces of Canada as well as in Commonwealth countries.
This new approach to the practice of family law was established here in October 2002. Looking for a wiser and more effective way to practice law in family matters, the lawyers specializing in family law and specifically trained in this area are now offering a new process that helps the parties to first create a climate of respectful, cooperative and effective work to discuss issues of concern.
Collaborative law is defined as a voluntary and confidential process for resolving conflicts through negotiation known as reasoned. The parties will negotiate taking into account the interests of everyone involved with the issue.
The collaborative lawyer receives from his/her client a limited and exclusive mandate to assist and advise, with the sole objective to identify common ground. So the couple and their lawyers will essentially commit to resolve all contentious issues raised by the failure of their relationship and this without court intervention. This encourages open and frank discussions between all parties. This process encourages and helps to maintain communication between spouses and progress in finding solutions. Collaborative law also leaves no room for litigation: it presupposes the absence of aggressive procedures. However, if a customer wishes to withdraw from the collaborative law process, both parties should continue their efforts with the assistance of a new lawyer.
With the advice of their respective lawyers, the clients will be able to decide how they wish to divide their assets, deal with financial matters and child rearing. This process fits extremely well with the practice of the lawyer who in fact will be able to help the clients perform the following actions:
1. Determine the contentious issues
2. Structure a work process to resolve family disputes
3. Maintain effective communication between the parties
4. Exchange the relevant information in good faith
5. Explore the various options for amicable settlement
6. Negotiate in a respectful and structured manner
7. Meet the priorities of the parents and the needs of the children
8. Find creative and appropriate solutions