How Does Collaborative Family Law Work?

The specialist family lawyers are able to both advise their clients individually about their legal rights, entitlements and obligations, as well as helping them focus on the wider issues objectively, to help the client look beyond the raw emotion of the moment. This enables the couple to focus on effective communication and the gathering of facts to enable them to look not only to their own interests but also at the interests of their children and the extent to which their interests and the interests of their spouse or partner conflict and may be resolved.

The process has been developed over many years in the United States and Canada. It is a specialised method of negotiating developed to deal with the emotionally charged, complex and life changing situation that arises on the breakdown of a relationship. It has been structured to maximise the chances of "success." Obviously goals need to be realistic and this is part of the job the collaborative family lawyer; to help individuals who may not be able to see the broader picture to look at realistic goals, to find out from the client what they want and place that in the context of what is achievable.

Most of the negotiating takes place in meetings involving both parties and their lawyers, known as "four way" meetings. The first of these meetings will try to establish the issues that need to be dealt with and identify what information needs to be obtained to provide a complete picture. This will include full disclosure of financial information, using the same type of general Questionnaires as are used in the Court process to ensure full and complete disclosure.

That disclosure of documentation and information will be looked at by the lawyers with their clients individually and later discussed at a further four way meeting in order to ensure that full and complete information is gathered together. Once all the information is available it is then possible to explore options and find solutions.

This can often be the most difficult area since it is at this stage that individual interests conflict. this is where the specially trained lawyers make a substantial difference, helping both parties to understand the reasonable expectations or wishes of the other. Understanding the other party's case does not mean that you have to agree with it, but usually does mean that the "battle lines" begin to blur.

It is at this stage that the four way meetings really start to work. The participants start to form a problem solving team, working together to find a solution that is best for the whole family. What had at first appeared to be confrontation turns through collaboration into co-operation, generating workable options and plans for the client's future restructured family.

This is not an easy process. There has to be willingness of the separating couple to want to try to find a solution rather than to punish the other person, or win at everything they want at any cost. It is ideal for clients who want to reach a fair result, even though the word "fair" is entirely subjective and will mean different things to different clients.