collaborative family law

Collaborative Family Law Series: Successfully Concluding a Case

Posted in: "All, Collaborative Practice, Family Law by Pei Wang | No Comments Thursday, November 1, 2012

Wrapping up a collaborative family law case can bring mixed feelings. (Photo courtesy of SXC, all rights reserved.)

Toronto Family Law Lawyer Pei-Shing B. Wang:

In previous postings, I’ve talked about starting and managing collaborative family law cases. Today’s discussion is about wrapping things up.

In my experience, “the end” in a collaborative family law case is almost always bittersweet. On the one hand, the spouses are relieved that they have sorted out their legal issues and don’t need to worry anymore about being sued. On the other hand, they realize that they are no longer spouses to each other and must move on with their lives.

In collaborative family law, most agreements are not binding until they’ve been formally executed. Therefore, once the spouses have agreed on a settlement, it’s important for the lawyers to act quickly to bring the matter to its formal conclusion.

Usually the final settlement agreement is written as a separation agreement with a few tweaks. Basic background information, such as the dates of marriage and separation, will of course be stated. The final agreement will confirm that both spouses have chosen the collaborative process and that each spouse has been aided by his or her own lawyer. Other professionals who have helped the couple during the process will also be specified along with the tasks they have performed.

If there are children involved, a separate parenting plan may be attached as an exhibit to the agreement. The parenting plan may be drafted by the child specialist or the divorce coach who has worked with the parents extensively as part of the collaborative process. Invariably, there will be clauses stating that the parents will remain flexible to accommodate special circumstances, such as illness and school events, and put the best interests of the children above their own.

Finally, there is almost always a special paragraph where the spouses acknowledge that they have been advised of the relevant laws and understand that their decisions as outlined in the settlement may differ from those adjudicated by the court system.

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.

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Collaborative Family Law Series: Normalizing Broken Relationships

Posted in: "All, Collaborative Practice, Family Law, Lawyer Talk by Pei Wang | No Comments Tuesday, July 12, 2011

Divorce is as much an emotional journey as a legal process. The parties must figure out such matters as who will pick up the children after school - but aside from these legal decisions, they often struggle to move on.

People going through divorce face a whirlwind of emotions such as denial, anger, resentment, betrayal, great anxiety, and sometimes depression.

As collaborative family law lawyers, we understand the traumatic impact of divorce on one’s well-being. While we can’t turn back time and make things the way they used to be, we are specially trained to minimize the emotional difficulties and facilitate a mutually acceptable solution.

In contrast to the litigation process, in a collaborative process the first priority isn’t racing to court to get the divorce filed. Rather, we collaborative family law lawyers apply “first aid” by instituting temporary measures so that everyone, including the children, is able to function and live their lives. Although these measures won’t make the hurt go away, they provide a sense of normalcy and hope that there is life after divorce.

Oftentimes, the collaborative team involves a mental health professional or a social worker who assists the parties in dealing with their grief and sense of loss. These professionals may help reduce anxieties and help one side to stand in the other’s shoes for a moment. The parties, hopefully, will eventually find common ground to resolve their issues.

Once both spouses no longer feel threatened, they will likely be much more productive and creative in carving out resolutions that work for everyone.

In other words, in collaborative family law, we normalize broken relationships.

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PSWLaw Joins International Academy of Collaborative Professionals (IACP)

Posted in: "All, Collaborative Practice, Lawyer Talk by Pei Wang | No Comments Monday, July 11, 2011

Collaborative Practice Resolving Disputes Respectfully

I am pleased to announce that we have joined the International Academy of Collaborative Professionals (IACP) and are now licensees of the collaborative practice trademark.

The IACP website, at www.collaborativepractice.com, contains a wealth of information on collaborative practice – what it’s about, how it’s done, how much it costs, and where to find a professional.

If you have never heard of collaborative practice, a good start is their recent 20-minute video “A Safe Place.”

View our member profile at collaborativepractice.com!

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Collaborative Family Law Practice Now Available through PSWLaw

Posted in: "All, Family Law, In the News by Pei Wang | No Comments Monday, December 6, 2010

I’m glad to report that I’ve completed Collaborative Practice Level I training and am now eligible to provide the services of collaborative family law.

Collaborative practice is a modern approach to settling family law disputes in a non-litigious fashion.

In collaborative practice both spouses retain the service of their own lawyer and agree not to proceed with litigation during negotiation. The parties are 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 are often provided to the parties to facilitate the process.

If a settlement cannot be reached, the process is terminated. The lawyers involved in the negotiation will not represent the parties in future litigation.

There are two obvious advantages to the collaborative approach: lower cost and better emotional well-being.

The cost of collaborative practice is generally well below that of full-blown litigation before the court. The parties feel more secure and able to negotiate in good faith because a “cease-fire” agreement is in place. In the event that the negotiation process breaks down, the parties will face additional costs to retain new lawyers.

Further, clients often feel better informed and more capable of making decisions compatible with long-term goals when other professional service providers are involved.

To learn more about collaborative practice, visit my collaborative practice page.

If you are interested in conducting your family law matter collaboratively, please call our office at 416-433-5531 to make an appointment.

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