Collaborative Family Law

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Collaborative family law is part of a relatively new way to resolve issues arising from a separation called Collaborative Practice.  Collaborative Practice (also referred to as Collaborative Divorce) focuses on resolving disputes in a respectful way without going to court.

Lawyers who practice collaborative law must have training and generally should be members of a local practice group.  The lawyers of Fryer & Associates are qualified to practice collaborative law;  Laura Fryer and Kerry Lynne Thomason are also qualified trainers. 

In addition to their collaborative lawyers, the parties may choose to engage additional collaborative professional including child specialists or financial specialists who also have specialized collaborative training. 

In Collaborative Practice the parties sign a contract (a Participation Agreement) which confirms their commitment to:

·         Negotiate a mutually acceptable settlement without having a court decide;

·         Open and direct communication and information sharing;

·         Creating shared solutions that take into consideration the goals and priorities of both parties.  

These commitments give the separating parties a direct, private and respectful forum within which to resolve their legal issues.    If the parties opt to proceed to court, they must retain new professionals to assist them.

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The lawyers at Fryer & Associates will assist you in determining if Collaborative Practice would be suitable for you.

While we generally feel that Collaborative Practice is a superior way to resolve the issues arising from a separation, it may not be right for every separating couple.

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Both lawyers must have collaborative practice training and be a member of a local practice group.

If your spouse opts to a retain a lawyer who does not meet this criteria, you cannot proceed collaboratively but we can still work on an amicable and expedited resolution.

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In mediation, an impartial third party (the mediator) assists in the negotiations and tries to help settle your case.   Sometimes the lawyers are present for the mediation process and other times they are not.  If the parties are successful in reaching an agreement through mediation, they generally must then seek independent legal advice with respect to the settlement.

Collaborative Practice allows both parties to have lawyers present during the negotiation process.  Like mediators, lawyers trained in collaborative law,  work with their clients and one another to assure a balanced process that is positive and productive. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by both parties until everyone is satisfied.

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In a collaborative negotiation, the parties and their lawyers all commit to resolving the dispute without going to court or threatening to go to court.  In a traditional family law negotiation, court may be used as an ongoing threat or bargaining tool. 

In a collaborative negotiation, the parties explore options for resolution which include legal and and other options.  In a traditional negotiation, typically only legal options are considered.  

In a collaborative negotiation, the lawyers work as a team with both parties to develop a settlement that that best meets the goals of both parties.  In a traditional negotiation each lawyer advocates solutions that best meet their client's goals.

In a collaborative negotiation, the clients negotiate directly with one another and take responsibility for resolving the issues themselves.  In a traditional negotiation, it is the lawyers who typically maintain control of the process and the negotiation.

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In a collaborative matter, the parties have more control of the process.  They can take as much or as little time as they need to reach a resolution.  Once a party commences a court action, the court has more influence over the decision making process and the court’s schedule and rules significantly influence the speed with which a resolution can take place.

One of the underpinnings of the collaborative process is that it is designed to reduce conflict and maintain good faith which increases the likelihood that parents can cooperate in the parenting of their children and reach solutions which promote their children's best interests.  The court process can sometimes exacerbate an existing conflict and can impair goodwill might have previously existed between parties.

In both the collaborative law process and the court process, each party must make full financial disclosure before a resolution is reached.

In the collaborative process there is typically less paper work required. If parties opt to proceed to court there is usually a substantial amount of paperwork that must be completed and there may be several court hearings in which the party and his/her lawyer are sometimes required to remain at court for several hours  for only a brief appearance in front of a judge.

If settlement is not reached in a collaborative matter, the lawyers must withdraw and neither the lawyers nor any member of their respective firms may represent the clients in subsequent litigation.  If a party has opted to go to court, their chosen lawyer represents them throughout.

The choice to proceed collaboratively or to proceed to court should be made in consultation with your lawyer.

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Collaborative negotiations take place through a series of meeting between the parties and their lawyers.  The lawyers act as facilitators or coaches and role models for constructive communication. The lawyers will help keep the discussions between the parties focused on the problems that the parties are trying to work out and help them to find creative solutions.   The lawyers will also provide legal advice and generate options for resolution.

Frequently there are child specialists and/or financial professionals who are also involved in the collaborative process.  These professionals, who are typically neutrals and work for both parties, assist with the issues that fall within their area of expertise.  For example the parties may wish to retain a child specialist such as a social worker to help them working through aspects of their parenting plan.  Alternatively, they may wish to retain a neutral  financial professional to assist them in gathering and interpreting the financial information required to resolve the legal issues.

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