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In this latest instalment in the series on collaborative family law, we take a look at the role of mental health and communications professionals. These professionals are not necessarily psychologists or psychiatrists. Often they are social workers who are trained in the areas of mental health, communications, conflict resolution, and/or crisis management. Sometimes professionally trained mediators may also undertake this role.

The purposes of having a mental health and communications professional on board is to facilitate the settlement discussion and to maintain a level playing field.

Divorce and separation are stressful for most, even traumatic for some. Clients are often emotionally charged and many take offence over seemingly minor issues.

Usually, the professional involved will first meet with the clients individually to discuss where things are at and how they would like to approach the legal issues. After an initial assessment, the professional may invite the clients to attend a meeting together. These meetings are not meant to be therapeutic. The professional is there to gather information and build trust.

Once there is a certain degree of trust between the clients and the professional and between the clients themselves, the professional can help the clients manage their emotions and encourage co-operation.

In high-conflict cases the professional is often invited to the face-to-face collaborative meetings. Many clients find the presence of a neutral professional at the table reassuring. If things get rough (for example, if someone starts to have a fit at the meeting), the professional may be able to calm everyone down and lead the clients back to settlement discussions without compromising the integrity of the process. Because these professionals are not partisan, their words often carry greater weight than those spoken by the lawyers, who must advocate for their own clients.

This blog is provided for educational purposes and for your reference. It is not intended as legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Pei-Shing B. Wang, Toronto Family Law Lawyer

Toronto Family Law Lawyer Pei-Shing B. Wang

Yesterday I had the privilege to be in the audience at a seminar organized by  Collaborative Practice Toronto. It featured three distinguished judges from the Greater Toronto Area – Justice Czutrin, Justice Nelson, and Justice Rowsell – speaking about how to settle difficult family law cases. It was an insightful discussion, with many useful tips gleaned from the judges’ years of dedication on the bench. I’d like to share some of these tips with you.

• Represented parties are likely to settle early.

This observation appears counterintuitive because the stereotypical lawyer may seem determined to drag a case on and on. However, properly represented parties are thoroughly advised of their legal options and the likely outcome of their case. Armed with this information, they can make informed decisions earlier than those who do not have the assistance of a lawyer.

• People settle when they come together at the table (or in the same room).

The judges were initially surprised to learn that most litigants, represented or not, have never spoken to each other about how they might resolve their issues. (Perhaps some of them don’t want to resolve the issues.) However, many issues are easier to deal with once everyone involved is at the table, or even just in the same room. For example, child pick-up and drop-off schedules shouldn’t cost two hours of your lawyer’s time spent in letter-writing. Pick up the phone and be respectful. You may be surprised how much you can achieve.

• Be psychologically prepared.

People who are psychologically prepared to deal with the issues are more likely to settle their cases easily. Often, litigants show up at a settlement conference fixated on the wrongs of the relationship. People in that frame of mind are blind to solutions.

Individuals who are psychologically prepared to move on are willing at least to agree on what needs to be discussed and to produce the necessary documents. They focus on what should happen next and not on what has happened in the past.

• Call your first witness.

There are cases that will never settle at a conference table. Perhaps the parties’ positions are too far apart, or maybe they refuse to consider all the available options. For this reason, scheduling a trial date may be the best incentive for these folks to accept a resolution, in order to avoid the mounting costs of litigation. Often, matters are settled on the eve of the trial or within the first day because the urgency to conclude the matter and the uncertainty of the outcome become unbearable to many, forcing them to take the next best option available: a settlement.

This blog is provided for educational purposes and for your reference. It is not intended as legal advice and should not be regarded as such.