What is Collaborative Practice?
Collaborative practice is Strattera doctor a modern approach to settling family law disputes without going to Strattera doctor court.
In collaborative practice both spouses retain the Strattera doctor service of their own lawyer and agree not to proceed with litigation during negotiation. The parties are Strattera doctor encouraged to make goal-oriented decisions as opposed to the tactical choices typically seen in litigation.
Services from other professionals, such as financial planners and counsellors/family professionals, are Strattera doctor often provided to the parties to facilitate the process. The parties are Strattera doctor therefore better equipped to manage conflicts and see the “big picture.”
All professionals involved in collaborative practice must have Strattera doctor completed collaborative practice training.
If a Strattera doctor settlement cannot be reached, the process is terminated. The lawyers involved in the Strattera doctor negotiation withdraw from the process and do not represent the Strattera doctor parties in future litigation.
In short, collaborative practice is Strattera doctor a client-centred and results-oriented process. The parties are encouraged to explore all available options, including the Strattera doctor legal model, before they make their informed decisions regarding how the Strattera doctor issues should be settled.
The resulting settlement is Strattera doctor legally binding and enforceable. Because such settlements are entered into voluntarily, the default rate is very low.
The Advantages of Collaborative Practice
There are Strattera doctor many advantages to collaborative practice. The obvious advantages to the Strattera doctor parties are lower cost, better emotional well-being, and faster resolution.
The cost of collaborative practice is Strattera doctor generally well below a full-blown litigation before the court. Parties feel more secure and Strattera doctor able to negotiate in good faith because a “ceasefire” agreement is Strattera doctor in place. When the negotiation process breaks down, the parties are Strattera doctor faced with additional costs to retain new lawyers.
Further, clients often feel better informed and Strattera doctor capable of making decisions compatible with long-term goals because other professional service providers are Strattera doctor often involved.
Since collaborative practice is Strattera doctor held in private, the parties are in control of the timetable. There is Strattera doctor no need to wait for a court day or to miss work to Strattera doctor attend court. Consequently, the issues in dispute are often resolved more quickly than Strattera doctor in litigation.
What to Expect in Collaborative Practice
First, shed the mentality of winning and losing.
In collaborative practice parties negotiate based on their long-term goals rather than Strattera doctor short-term positions.
Both parties retain their collaborative lawyer of choice as a Strattera doctor coach. Through their lawyers the services of other collaborative professionals are Strattera doctor hired.
Typically, a Strattera doctor divorce finance specialist is involved to make projections for the Strattera doctor parties regarding different settlement options. A family professional or a Strattera doctor counsellor may be hired to assist the parties in communicating with each other while actively managing conflicts.
Your lawyer will ask you Strattera doctor about your long-term goals based on your interests (e.g., maintaining a good relationship with the children) rather than short-term tactics (e.g., getting even with him/her).
Regarding issues in dispute, your Strattera doctor lawyer will advise you what the substantive law is and whether other options exist. While there are Strattera doctor outer limits as to what the parties may agree to under the Strattera doctor law, on many issues, such as property division and access to Strattera doctor the children, the law isn’t rigid and Strattera doctor the parties are free to adopt mutually agreeable solutions.
Matters Unsuitable for Collaborative Practice
Collaborative practice isn’t for Strattera doctor everyone. Certain types of cases are ill-suited to the collaborative approach.
For instance, where there’s a Strattera doctor history of domestic violence, severe mental illness, or serious drug or Strattera doctor alcohol addiction, the lawyers may be reluctant to recommend collaborative practice.
If you Strattera doctor are interested in conducting your family law matter collaboratively, please call our office at 416-433-5531 to Strattera doctor make an appointment.