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Avoid Divorce Court with Collaborative Family Law

admin — Fri, 15 May 2015 23:45:50 +0000

Divorce is an incredibly stressful situation for everyone involved,
especially the children. Collaborative family law is a method of
encouraging collaboration and cooperation among divorcing spouses by
attempting to reach agreements in a dignified and respectable approach.
The goal is to have the divorcing spouses work cooperatively to settle
issues for the separation agreement to make the divorce process
smoother. The most important people in the picture are the children, who
truly have no voice when their parents face divorce. By creating an
atmosphere where the issues are dealt with privately – outside of the
court – in a rational demeanor, settlements can be reached much quicker
and affordably, as well as much less emotionally with the help of a
collaborative family lawyer.

Cooperation and Communication

The
two keys of coming up with an agreeable settlement is cooperation and
communication. Without these two elements, a settlement will be lengthy,
drawn out, and emotionally draining. It is imperative for the divorcing
parties to have some amount of mutual respect for each other – and for
their children – in order for them to set aside their differences in
order to come to an agreement. The most important aspect in these
agreements and settlements is to ensure that all parties leave with some
amount of dignity and integrity by using the expertise of a
collaborative family lawyer.

What is Collaborative Family Law?

In
essence, collaborative family law is a voluntary process whereby
conflicts are resolved in a cooperative manner for all involved. Parties
involved enter into a “Participation Agreement” where all parties –
including their respective lawyers – agree to the process. This process
attempts to resolve any issues or conflicts without having to drag out
the dissolved marriage through the courts to let a judge make decisions.
Doing so can save a time, money, and a lot of heartache.

The
lawyers involved in this process are there to provide legal advice to
their clients, and help them come to an agreement in the settlement of
their estate, affairs, and their children (if any).

What Are the Advantages of Collaborative Family Law?

The
advantages of such an approach are obvious. The encouragement of a
cooperative and respectful dissolution of marriage will save emotional
distress for both the divorcing couple and their children. In addition,
the money saved by keeping the divorce out of the courts can be
significant. And lastly, the ultimate decision on the estate, finances
and the children are completely up to the divorcing couple – rather than
leaving it up to a judge to decide what happens with these situations.

Getting the Experts on Your Team

Diane
Daly has been helping divorcing couples amicably end their marriage
with as much dignity as possible. She is a member of the International
Academy of Collaborative Professionals, Ontario Collaborative Law
Federation, Hamilton-Halton Collaborative Practice Group and the
Halton-Peel Collaborative Practice Group. She is highly trained and
knowledgeable in this field. Diane and her team are extremely concerned
about any dependents or children involved in the dissolution of a
marriage, and help families move on to a better tomorrow.

Collaborative and Family Law Mediation – Moving Towards Better Option than Court

admin — Tue, 07 Apr 2015 22:46:13 +0000

Collaborative Family Law is a device where the clients or both the
parties required providing information and disclosure in a timely
fashion. And if they are delaying or appear to be less than open and
candid, having an honest conversation the process will fail to the
disadvantage of both the parties. Both the counsels are equally required
to be open and honest to each other to find the best and legal
solutions available to the clients. The collaborative process is,
indeed, a process which continues to serve the needs of the parties in
conflict – however, much depends on the clients’ objectives, needs, and
understanding. Collaborative option may not be a good option in certain
situations specially if there is active domestic violence, drug or
alcohol addiction, serious untreated mental illness, or an intention to
hurt the other party emotionally or financially. Perhaps for those
litigation is a better option.

What is Family Mediation?

Family Mediation is an effective way to resolve and settle family
conflict. Unlike, the court litigations, family meditation allows
parties to maintain control and ownership of the entire process and
emphasises the significance of cooperation and fairness. Parties are
encouraged to communicate with each other to explore their respective
needs and interests in order to reach to an agreement with the help of
the Mediator.

The Mediator is not judging the parties neither is
he/she providing legal advice to the parties. The Mediator facilitates a
series of discussions with the parties leading to an agreement on the
issues between the parties. The agreement is prepared in the form of
Memorandum of Understanding. The parties would then take independent
legal advice on the Memorandum of Understanding drafted by the Mediator.
Now the process of drafting the Separation Agreement based on the
Memorandum of Understanding begins.

Benefits of Family Mediation:

Before mediation process begins, it is important to first identify if
family mediation is appropriate for you. It is recommended that you
obtain legal advice before entering the mediation process.

Call us for more information.

The Benefits of Collaborative Family Law

admin — Thu, 25 Dec 2014 23:47:50 +0000

Collaborative
family law is a relatively new method of dispute resolution. It has
many advantages over pursuing litigation in the courts, and should be
considered by anyone who is in the midst of a contested separation or
divorce. In this article we explore the benefits of collaborative family
law in more detail, allowing you to understand the ways in which it
could help you and your loved ones.

What are the benefits of collaborative family law?

During
the collaborative family law process, you and your ex-partner will each
instruct a specially trained legal expert. A date is then set the first
four-way meeting where you, your ex-partner and both your lawyers come
together to discuss the issues at hand. This can cover all types of
grievances, from child care arrangements to the division of assets. If
the process is working well, you will continue with these four way
meetings, airing your concerns before negotiating a mutually-acceptable
agreement.

This approach to resolving family disagreements does, therefore, have many benefits. These include:-