Collaborative Family Law

Collaborative Techniques That Facilitate Full And Frank Discussions

What Is The Collaborative Approach?

The collaborative approach strives to establish a comfortable environment where the issues arising from the breakup can be discussed frankly, honestly and without fear. Clients choose this process when they wish to avoid the stress, cost and acrimony associated with conventional court resolution of family breakup but still feel the need for individual, on-going assistance of their lawyers.
At Foulds & Partners in New Brunswick, you are supported in finding the family focused solution to their particular circumstances. With full disclosure and frank discussions a full range of options can be explored. Each party examines risks, consequences and advantages confidentially with their family lawyer, and continues to find the durable solution meeting each side’s long term goals and interests.
The collaborative approach can be used for many different areas of conflict resolution in family law, including:

Putting Clients In The Driver’s Seat

In the collaborative approach you are in the driver’s seat, contrary to the traditional court model. Clients select this process because they want to resolve problems not only for themselves but with the needs of the children kept foremost. They want to express their concerns and wishes directly to their partner or spouse but with the support and legal advice of their lawyers, who remain beside them at all times. The focus is on the future, not a rehashing of past differences and disagreements. Read about the most common questions about this contemporary approach to separation and divorce.
At the start clients sign a formal agreement binding them to provide

  • full financial disclosure;
  • disclose all facts that are relevant to the decision making process; and
  • commitment to negotiate in good faith.

The lawyers agree to withdraw from the case if the process breakdown and the parties choose to terminate and go to court. The purpose of this is to remove the threat of court action and ensure the lawyers are committed to discussion. They have nothing to gain if they fail.
Family lawyers and other family professionals who work in the collaborative field receive formal training in interest based negotiation. Yoel has been trained in collaborative law and is a member of the Collaborative Practice Group in New Brunswick, the Collaborative Practice group in York Region and the OCLF.

Always Protecting Clients’ Interests

In the collaborative process the family lawyer guides the clients. The lawyer does not control or dictate results to them. They help clients stay on point even when they are overwhelmed by the emotional, financial and personal challenges they are facing in the wake of the relationship breakup. While always mindful and protective of their individual client’s interest, the lawyers still work together, remaining respectful of the other party’s particular interests.
The goal of the collaborative process is to avoid the destructive impact on families caused by breakups while settling the complex parenting and financial issues.

Is The Collaborative Technique Right For You?

You can reach us by phone or by email to get started. We have helped several struggling families in the New Brunswick Area, including New Brunswick, Vaughan, Markham, Brampton and Mississauga.

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