Useful Details On Collaborative Family Law Calgary

By Ann Allen


For individuals dealing with issues of divorce or other family problems, it is important to consider an alternative option of resolution that is known as collaborative family law. The parties will strive to have the issues sorted out of court with the help of family attorneys. They will also need to hire the services of mental health counselors and financial advisers. There are no court processes involved. In considering collaborative family law Calgary residents can benefit from some facts.

Originally, the process was developed to be used for divorce cases. To make it a success, the parties involved should agree to participate in the out of court process. It cannot be a success if either of them does not have respect for the other or are already adversarial. The couple also needs to comply with dispute resolution terms. It is important that parties involved agree with the dispute resolution terms.

If there are kids involved, it will be important that they are not dragged into the process. In addition to that, the environment of the resolution needs to be conducive and stable. The lawyers are there to help in the resolution and not to litigate or defend a client. This is why both parties have to be part and parcel of the procedure. Also, both need to have their attorney. An attorney mainly helps them to be well versed with splitting of marital assets, child support and custody of children.

In collaborative processes, professional counselors will need to be consulted. Whenever the parties are trying to sort out emotionally charged disputes, a counselor will come in handy. When situations like that arise, they will assist both parties in dealing with a range of emotions. The counselor is also able to assist couples in developing coping skills and how to effectively communicate with each other. This is useful because parties want to remain friends, more so if kids are involved.

For this process, the attorney and his client first meet to discuss what the collaborative process is about. In case it is suitable, the attorney contacts the attorney for the other party so that they arrange agenda for the first meeting. For that meeting, every person that is involved will be present and the attorneys will ensure each person understands the rules.

There is then signing of a contract that binds everyone to use the collaborative process. When that is done, both parties decide on what the next step should be and as such there may be further meetings organized. All binding issues are ideally discussed in meetings that involve all parties. Mutual respect and trust will be key to having a successful process. Also important are commitment and honesty.

If by any chance there is not able to be a resolution, the proceedings and discussions will be deemed confidential. They are not ever going to be part of court processes if there are to be future negotiations. This is an important aspect. Most of the negotiations however end in success.

If the case is a success, the attorney will prepare binding separation agreement. This is what reflects what has been agreed on. The parties are supposed to sign it.




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