Facts About Collaborative Family Law Calgary

By Ann Allen


For individuals who are facing divorce or other problems in their marriage, a good option for solution is collaborative family law. Those involved try their level best to get to a solution with the help of an attorney. In some cases, you will also need to have a financial adviser and mental health expert. There are never any court cases with this form of resolution. When considering collaborative family law Calgary residents should know what is involved.

In the first place, the technique was developed to help strictly divorce cases. In order to be a success, both parties have to take part in the settlement. If either of those involved is not willing to respect the other, the process cannot be a success. It is also important that the couple complies with terms of the dispute resolution. This is an important aspect of agreement.

If there are kids involved, it will be important that they are not dragged into the process. In addition to that, the environment of the resolution needs to be conducive and stable. The lawyers are there to help in the resolution and not to litigate or defend a client. This is why both parties have to be part and parcel of the procedure. Also, both need to have their attorney. An attorney mainly helps them to be well versed with splitting of marital assets, child support and custody of children.

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.

There is then signing of a contract that binds everyone to use the collaborative process. When that is done, both parties decide on what the next step should be and as such there may be further meetings organized. All binding issues are ideally discussed in meetings that involve all parties. Mutual respect and trust will be key to having a successful process. Also important are commitment and honesty.

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.

If the case ends successfully, there is preparation of a binding agreement. This reflects the issues that have been agreed upon. Both parties sign the agreement.




About the Author:



No comments:

Post a Comment