In Toronto, Ontario
20 Eglinton Avenue W, Suite. 2202
Toronto, Ontario
Canada M4R 1K8
Phone: 416-222-4555
In Hamilton, Ontario
20 Hughson St. South
Suite 406
Hamilton, Ontario
L8N 2A1
Phone: 1-905-662-6000
Collaborative Law is a fairly new method Ontario family lawyers are using to deal with divorce and other family law matters. As an Alternative Dispute Resolution (ADR) method, it is less adversarial than the traditional avenue of having a judge resolve your disputes for you in a court.
In collaborative family law, you and your family lawyer will agree with your partner and his or her lawyer that you will settle all of the issues without going to court. Instead, your lawyers will work to negotiate and reach agreement on the issues, sometimes with the help of other family law professionals.
The commitment to use collaborative law to work through the issues and stay out of court is so firm that all four parties – you, your partner and each of your lawyers – will sign a contract that also states that if you do have to resort to court, you will have to find a different lawyer to do so.
There are many reasons to find a collaborative family lawyer to deal with your family law matters and divorce.
At the top of the list for many people, is the desire to avoid long and costly divorce proceedings in court, where a third-party is making crucial decisions that may not be the best for your unique circumstances. In collaborative law, it's recognized that you and your spouse should have full participation in the decision-making about your future.
An effective family law lawyer will always work in your best interests, but in collaborative law, going to court is 'off the table', so there is the added pressure to work closely with you by their side to negotiate and settle.
The no-court agreement in collaborative family law is not a requirement in other types of ADR – alternative dispute resolution – where the parties agree to try to negotiate, usually through divorce mediation or arbitration services. In these cases, there's always the option for one unhappy party to re-direct all or part of the whole process to the court avenue.
Obviously, the collaborative law approach is not meant for everyone. However, for some, it is the way to go!
The divorce and family lawyers at Niren Family Law Practice in Toronto and Hamilton, Ontario are experienced in helping clients through negotiation, mediation, collaborative law or divorce courts. Your Niren Family Lawyer will take a thorough look at your situation and the issues in dispute, and recommend the best, most cost-effective way to proceed with your case.
Contact a Niren Family Lawyer to discuss whether collaborative law is the best way for you for divorce and other family law issues, such as property division, spousal support, and child custody.