What is Collaborative Family Law?

Collaborative Family Law offers an amicable and principled way to resolve property, support, and custody issues. This collaborative law approach is particularly appealing to clients who want a process that is economical, empowering, and efficient. In cases where shared responsibility for raising children forces parents to remain in touch for years after they separate, Collaborative Family Law also encourages ex-partners to find ways of communicating respectfully with each other to arrive at a solution that works for both of them - and their children.

How does Collaborative Family Law work?

Unlike mediation, where clients negotiate directly with an impartial mediator, in Collaborative Family Law lawyers not only provide legal advice, they also participate as problem-solvers with the clients during all negotiations. Lawyers offering Collaborative Family Law must have specialized training and agree to work ethically and co-operatively with each other to ensure their clients are well-informed and participate fairly in the process. Both lawyers and clients sign a participation agreement that establishes rules of conduct, including agreement that neither party can go to court during the process. To ensure everyone has an interest in reaching a settlement, if negotiations fail, both lawyers must withdraw and different lawyers must be hired by the parties to take the matter forward to court.

What is the Difference Between “Collaborative Practice” and “Collaborative Family Law”?

Separation and divorce are not just about legal issues.  Couples often have to deal with emotional, social, financial, and child care concerns.  In addition to their Collaboratively-trained lawyers, in a “Collaborative Practice” approach couples can add the expertise of mediators, financial specialists, child care specialists, or family therapists to their team.

A Collaborative Practice approach is tailored to the needs of the family and their finances.  If issues are primarily legal, the Collaborative professionals on the team might be limited to lawyers.  For challenging financial issues, a neutral financial professional can help expedite a resolution.  Family professionals can help couples through negotiations by facilitating meetings or working with them individually to improve communications and manage emotions.  For children’s issues, a child specialist can provide a voice for the children and assist with a parenting plan.  It is important to discuss process options with a Collaborative professional to ensure you have the support and expertise of the professionals you need.

Further information about the Collaborative Process

Watch Linda Silver Dranoff, author of Every Canadian's Guide to the Law (HarperCollins) talk about collaborative family law and answer questions about family law on TVO More To Life, originally broadcast February 20, 2006.
Click here to watch. 

• http://www.cbc.ca/metromorning/parent
  Listen to CBC Radio’s Metro Morning Parenting Columnist Karen Horsman, including an interview with Judith Huddart.  On February 21, 2008 Karen discussed the benefits of a Collaborative Practice approach for separating parents with host Andy Barrie
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• http://www.yorkregion.ca
  Amicably ever after:  Judith Huddart and other Collaborative professionals discuss why the Collaborative approach is a good fit for them and their clients, in this May 5, 2008 article in North of the City.
  
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• http://www.todaysparent.com
  The Friendly Divorce:  in this September, 2007 article in Today’s Parent Judith Huddart and other Collaborative professionals point out the benefits for children when separating parents choose a Collaborative Practice approach.
  
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• http://www.more.ca
  Minimize Financial Fallout:  Judith Huddart provides the legal perspective in this Summer 2007 article from More Magazine featuring advice for women about managing financially after divorce.
  
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• http://www.cbc.ca/metromorning
  Listen to Judith Huddart’s interview on CBC Radio’s Metro Morning December 19, 2007.  In “Christmas after Breakup” Judith highlights how Collaborative Child Specialists can help separating parents remain child-focused through the holidays.
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• Collaborative Family Law: an overview by Linda Silver Dranoff
  This explains what collaborative family law is, how it works, who would benefit from it, and how it compares to other dispute resolution methods.
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• Collaborative Family Law: Revolutionary Approach Winning Converts Across Canada by Judith Huddart
  The article briefly outlines the availability across Canada of the collaborative process, and describes the skills lawyers in various centres across Canada are learning, to enable them to offer Collaborative Family Law to their clients.
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• Listening to Children in the Collaborative Process by Judith Huddart and Sandra Demson
  This paper was originally presented by the authors at the 4th World Congress on Family Law and Children’s Rights in Cape Town South Africa, March, 2005. The premise is that the UN Convention on the Rights of the Child requires us to listen to children during any proceedings that affect them. Based on quotes from children involved in a recent study, the traditional attitudes of excluding children from the process has not protected them from its impact or from adversarial attitudes. Using the Collaborative Process as an example, the authors outline possibilities and potential pitfalls of a process that can be adapted to listen to children and safely expand the ways they might participate to have their own views heard, in addition to their parents’ views.
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• Also, please check out the Toronto Collaborative Practice website: www.collaborativepracticetoronto.com