What You Need To Know About 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.

In the first lace, the laws were established to help only in case of divorce. In order to be a success, those involved need to be participants in he process. There will be no success if either party is not willing to genuinely be part of it or if they are already adversarial. All those involved also need to fully comply with terms of the resolution. This is crucial if any meaningful ground is to be covered.

If there are kids involved, the parties need to agree that the children will not be dragged into the proceedings. As much as possible, there needs to be a stable environment as the resolutions are reached. The function of the attorney will not be to litigate or offer defense to a client. As a matter of fact. Each party should have their attorney. The main work of attorneys is to help in figuring out issues that border on splitting assets, child custody and child support. These are among the most emotive issues.

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.

In case there is success in the resolution, there will be preparation of a binding separation agreement by the attorney. It is a reflection of all issues that were agreed upon. The document is signed by both parties.




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