Most experienced family law practitioners have long encouraged their clients to avoid litigation where possible. In the vast majority of cases, spouses resolve the issues arising from the breakdown of their marriage through negotiations which culminate in a Separation Agreement. In increasing numbers, couples engage an independent third party to assist them in reaching agreement through a process known as “mediation”. Now, there is another tool in the family law lawyer’s toolbox known as “collaborative law”.
Collaborative law involves both parties and their lawyers working together as a team in order to reach resolution on such issues as custody, child support, spousal support and property division. Where necessary, various other professionals are added to the team roster for their particular expertise. For example, actuaries (pension valuations), certified business valuators, parent counselors and accountants among others work with the lawyers and parties in resolving the issues at hand. All players must wholly commit to the collaborative process. In the event that the process is not successful, the parties must engage new lawyers prior to litigating. Those lawyers participating in the collaborative process cannot act subsequently in litigation.
With the increasing emphasis on alternative dispute resolution and the delays and costs involved in litigation, the emergence of collaborative law is a welcome addition to the options available to separating spouses.
Dated: October 2005