Collaborative Family Law: a New Paradigm

A paradigm is a model or framework for looking at a problem or idea. Collaborative family law represents a new paradigm for separated spouses and for their lawyers, because it involves a fresh and creative way of dealing with disputes and other concerns at the end of a relationship.

When separated spouses and their lawyers make a commitment to approach the separation in a collaborative way, they formally agree to some key points that have not typically appeared in most family law disputes:

  • respect for the other spouse and the rest of the family, by dealing with issues in a controlled and reasonable way;
  • complete disclosure of all relevant information, including all financial information;
  • an agreement to avoid court if at all possible, including an agreement by both lawyers that they will NOT represent the parties in any contested court proceedings: if the parties must go to court, then they must find other lawyers to represent them.

When spouses choose to separate, they end their relationship together, but they also start a new relationship as separated spouses. Their "post-separation relationship" demands that they communicate with one another, to deal with custody, access, child support, guardianship, and other family law issues.

When spouses approach their separation in a collaborative way, they work together (with the assistance of trained professionals), to achieve a goal that is acceptable to everyone.

By now, most people realize that there are rarely "winners" in family court battles, and that most court battles are settled before trial. By beginning with a commitment to work collaboratively, the parties are able to avoid the stress, risks, expense and time involved in litigation, and instead focus on their needs and circumstances, to find a solution that works for them.

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