The Merits of Hiring Collaborative Family Lawyers in Toronto
Collaborative law offers a means of resolving disputes without going through the court system. By the same token, Collaborative family lawyers in Toronto use their negotiation skills in an attempt to minimize the conflict that typically surrounds divorce. They work in collaboration with both parties as well as their attorneys as they work to reach mutually acceptable settlements.
The work done by these specialized lawyers strives to help those ending marital relationships address the emotional, legal and financial needs of everyone involved. In this way, parents are better able to plan their own futures while doing the same for the children.
Techniques used include a process known as Interest Based Negotiations. Another process used is Positional Bargaining as couples move through arbitration and mediation as they work their way through the courts. Collaborative Law is also used to help negotiate marriage contracts and co-habitation agreements.
How it Works
After signing retainer agreements, individual concerns and needs are discussed between each party and their respective Collaborative attorney. A four-way meeting is then set up to begin negotiations. At the initial meeting, parties are asked to sign an agreement of participation before deciding where the discussion should begin. During sessions all issues, including child custody and support, and division of property is on the table for discussion.
Other concerns may be addressed as well, such as whether or not other professionals may be required. Child psychologists, business valuators, divorce coaches, and others may be needed to help everyone get through this situation and this should be part of the negotiations. The support and advice provided by skilled lawyers helps couples come to a resolution of issues in a respectful and positive way.
Once a settlement has been reached, collaborative lawyers are then given the task of drafting a separation agreement that is both legal and binding. This agreement is then filed with the courts or converted to a divorce judgment or final order.
Should You Work Through Collaborative Lawyers?
Couples that wish to separate with as much dignity as possible, share mutual interests in their children’s welfare, value their personal responsibility for what is going on, can focus on obtaining a resolution that is positive for all family members, and would like to maintain a positive relationship with each other after divorce, may find that working through Collaborative Lawyers is the best thing for everyone involved.
There are many advantages afforded by Collaborative Law. It allows you to retain control of the situation while working out the details of the settlement with your spouse. With a lawyer working alongside each partner, they are able to work in co-operation with one another to find a solution that is best for the children first and then for themselves, as well. When the threat of having to go to court is removed, there is less fear, stress and anxiety and that allows everyone to focus on a resolution to the situation that is mutually beneficial.
A family law attorney should be able to answer any questions you may have. The Toronto divorce lawyers at Fine & Associates are well experienced and are here to help you through your trials.