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, 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.
In collaborative processes, professional counselors will need to be consulted. Whenever the parties are trying to sort out emotionally charged disputes, a counselor will come in handy. When situations like that arise, they will assist both parties in dealing with a range of emotions. The counselor is also able to assist couples in developing coping skills and how to effectively communicate with each other. This is useful because parties want to remain friends, more so if kids are involved.
For this process, the attorney and his client first meet to discuss what the collaborative process is about. In case it is suitable, the attorney contacts the attorney for the other party so that they arrange agenda for the first meeting. For that meeting, every person that is involved will be present and the attorneys will ensure each person understands the rules.
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 case for a reason or the other the process breaks down, all the discussions that you had will be considered confidential. They cannot be referred to in court processes or for future negotiations. It is a fundamental principle. However, majority of cases tend to be successful and thus planning for failure never comes in.
If the case is a success, the attorney will prepare binding separation agreement. This is what reflects what has been agreed on. The parties are supposed to sign it.
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, 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.
In collaborative processes, professional counselors will need to be consulted. Whenever the parties are trying to sort out emotionally charged disputes, a counselor will come in handy. When situations like that arise, they will assist both parties in dealing with a range of emotions. The counselor is also able to assist couples in developing coping skills and how to effectively communicate with each other. This is useful because parties want to remain friends, more so if kids are involved.
For this process, the attorney and his client first meet to discuss what the collaborative process is about. In case it is suitable, the attorney contacts the attorney for the other party so that they arrange agenda for the first meeting. For that meeting, every person that is involved will be present and the attorneys will ensure each person understands the rules.
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 case for a reason or the other the process breaks down, all the discussions that you had will be considered confidential. They cannot be referred to in court processes or for future negotiations. It is a fundamental principle. However, majority of cases tend to be successful and thus planning for failure never comes in.
If the case is a success, the attorney will prepare binding separation agreement. This is what reflects what has been agreed on. The parties are supposed to sign it.
About the Author:
You can get a summary of the things to keep in mind when choosing a collaborative family law Calgary practitioner at http://www.leapdivorcesolutions.com/our-services/support-services now.
No comments:
Post a Comment