Divorce Family lawyer Jill Mcleod mediates divorce and conflicts in health care industry, Toronto, Ontario

Jill McLeod, Family Law and Mediation, Toronto, Canada

Collaborative Practice

Whether you want to achieve a separation agreement, cohabitation agreement, or a marriage contract, the collaborative approach is an option you should consider. It is a new form of dispute resolution that allows couples to negotiate face-to-face, but with the comfort of having their lawyers present for advice and guidance.

In a collaborative divorce, for example, you and your spouse each hire your own lawyer who has special training in how to work collaboratively. The four of you then sit down to talk about your goals for the future, and your spouse’s goals. Options for addressing these goals are canvassed, and then a workable solution is chosen.

When you really listen to what your spouse is saying, you can understand what is needed in order to reach agreement and move forward with your lives. You and your spouse will design a multi-faceted solution in order to serve your individual needs, and those of your children. With the law a backdrop to your discussions, you and your spouse can craft a unique solution that might differ from what a Judge could order in a Court case.

A real strength of collaborative practice is the option to bring an expert in to one or more of the meetings, to add specialized skills and information. An example would be a child specialist, a financial planner, a mediator, or a mental health expert. These experts usually charge less than the lawyers, and their ideas will help you to develop a more comprehensive solution.

Here are some examples:

You and your spouse may decide to retain a child specialist to help you see eye-to-eye on a schedule for spending time with the children. If you agree, this person can also interview your children, to bring their concerns into the discussion.
Financial planners can generate various creative scenarios for a financial settlement, and can also run long-term projections to demonstrate how long a particular financial settlement might last for one of the parties.
If you and your spouse are having trouble communicating at the meetings because emotions keep taking over, you might decide to invite a mental health professional, or a mediator, to the table to help remove roadblocks.

In a collaborative case, each lawyer provides legal representation to his or her own client. When you retain me as your lawyer in a collaborative case, I will be your legal advisor and ally every step of the way.

The lawyers in a collaborative case also agree in writing that they will not take this case to Court. This demonstrates to you, the client, that your lawyer is committed to helping you reach a settlement out of court.

You will find that collaborative practice will foster a new level of communication between you and your spouse, which will help you to co-parent your children successfully to adulthood. And it’s a great relief to children when their parents are engaged in solving a problem, instead of fighting a battle. The kids can stop worrying about you, and go back to their own developmental tasks.

To speak with me about collaborative practice, or to book an appointment, please call my assistant Carole Greatrix at 416-762-8617 ext. 2.

Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.