What You Need To Know About Collaborative Family Law Calgary

By Ann Allen


For people that are divorcing or dealing with various other family problems, the alternative to resolution is collaborative family law. The people involved strive to reach a resolution together with the help of a family attorney. In certain instances, they also involve financial advisers and mental health counselors. The form of resolution will not involve any court processes. In consideration of collaborative family law Calgary residents need to be well versed with what it involves.

Originally, the process was developed to be used for divorce cases. To make it a success, the parties involved should agree to participate in the out of court process. It cannot be a success if either of them does not have respect for the other or are already adversarial. The couple also needs to comply with dispute resolution terms. It is important that parties involved agree with the dispute resolution terms.

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.

For collaborative processes, you need the services of a counselor. When couples are trying to reach an agreement on emotionally charged issues, a counselor helps to cool down the tempers. They will try and help both parties to deal with various issues that arise, In addition, they can also assist parties to develop skills that will help them to cope and effectively communicate with each other. This comes in handy because individuals will still need to remain good friends and more so if there are kids involved.

There will need to be a first meeting between the attorney and his client so that the process is discussed in depth. If an agreement is reached, attorneys for both parties will meet to agree on what needs to be discussed in the first joint meeting. In the joint meeting, the couple and attorneys will be present so that ground rules are laid.

After the process is completed successfully, a contract that binds the parties needs to be signed. This is as regards the rules of engagement. They will then need to agree on their next step and the need for more meetings. All parties should be present when binding issues are being discussed. To have a successful process, trust, honesty and mutual respect are key. Everybody should be committed to reaching an agreement.

In the event that negotiations and agreements cannot be reached, all previous discussions and deliberations are regarded as confidential. Also, they can not be referenced to in courts of law. This aspect further gives people confidence in the process. Most of the cases end successfully.

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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