The Process

Meet with a Collaborative Lawyer
If a person is interested in using collaborative law to resolve their situation they can meet with a lawyer who practices collaborative law. The lawyer will provide information about the different options that are available for resolving the dispute including mediation, the collaborative process, negotiation through lawyers and the court process.

From here, communication will be established between the parties so the parties can agree to begin using the collaborative process.

Agree to the Collaborative Process
Once the parties have agreed to use collaborative law, each party will meet with their own lawyer to prepare for the first collaborative meeting.  At this lawyer/client meeting the lawyer will review the collaborative process with the client and identify “pressing” issues that need to be discussed at the first collaborative meeting. The lawyer and client will discuss expectations of lawyers and clients in the collaborative process and the lawyer will coach the client on interest-based communications. The lawyers will talk with each other to set up the first collaborative meeting and they will discuss some of the problems that have been identified by the parties in the lawyer/client meetings. 

Sign a Collaborative Law Contract
In the first collaborative meeting the parties and their lawyers will review and sign the collaborative contract. Through this contract the parties and the lawyers agree to use the collaborative law process to resolve the dispute and to abide by the principles of the collaborative process.

The contract outlines the goals of the collaborative process including...

• focusing on the future needs and interests of all parties
  (in family law matters where children are involved, the focus will also be on the wellbeing of the children)
• finding solutions that work for all parties
• avoiding the negative economic, social and emotional costs of going to court
• providing a relaxed atmosphere and giving all parties time to think about any settlement reached
• putting agreements that have been reached into a written contract

The participants also agree to:

• Give complete, open and honest information
• Communicate with respect and effectively listen
• Not discuss what happens during the meetings with others unless there is agreement to do so.
• Not use any information from the meetings in a court process
• Use complete confidentiality in the process
• Participate with integrity and good faith
• Each pay their own lawyer or split the total costs of the process
• Not abuse the process and what happens if someone does

Hold Collaborative Meetings
Once a contract agreeing to the collaborative process is signed, the parties and their lawyers have a series of four-way meetings. Where and when to meet is decided by the clients and the lawyers.  The number of meetings required will depend on the complexity of problems that need to be resolved. Six to eight meetings would not be uncommon and more complex matters may take longer.  The meetings vary in length but are generally 2 1/2 - 3 hours long. At these meetings the parties have control over making any decisions and each party has their own lawyer working with them to discuss issues and help identify fair solutions.

How the meetings will proceed and the number of meetings required will depend on each individual case.  Generally, the first meetings are to determine what issues need to be resolved, to identify information that each party may need and to disclose that information to each other. Once the parties know what has to be decided and have the information they need, the meetings focus on generating options and finding solutions that work for all parties. When a collaborative approach is used the parties do not negotiate “the terms” of an agreement until everyone has all the information they need and all possible choices have been explored.

Between meetings the lawyers will talk with their own clients to discuss how the collaborative process is working and to discuss any concerns their client may have. During these discussions with their clients the lawyers will not talk about how to resolve the issues nor will they discuss the law. Those discussions must occur in the collaborative meetings. 

Throughout the process the parties and their lawyers use what is often called “interest-based” negotiation. This type of negotiation involves each party identifying what is important to them, what may concern them and what they need and why.  Options are then developed that might satisfy those interests and options are selected that best satisfy all parties’ most important interests. At this stage creativity can be used to develop unique options tailored to meet the needs of all parties.

Role of the Collaborative Lawyers
In the collaborative process each party has their own lawyer. The lawyers guide their clients through the collaborative process. While each lawyer is there to coach and advise their own client, the lawyers will work cooperatively together to make the process work for all parties.  

The lawyers will talk to each other to evaluate meetings, to suggest ways to improve future meetings and to discuss any concerns of their clients. Between meetings the lawyers will talk privately with their own clients to discuss how the collaborative process is working and to discuss any concerns their client may have.

If an agreement is reached the lawyers will prepare the documents to make the agreement a legally binding contract. The lawyers will help the parties to obtain any necessary court approval or implement the agreement. If the process is ended without reaching an agreement, the lawyers cannot represent their clients in any court proceeding concerning the matter.

Role of the Collaborative Clients
When parties agree to the collaborative process they also agree to use the collaborative approach to resolving the issues. Parties agree to attack the problem, not each other. 

Parties agree to listen to each other without interruption and to commit the time required to meet regularly.

Parties also agree not to use language that blames or finds fault with the other party, to focus on the future, not the past, and explore all possible choices.

Parties agree to share information and documents as requested. 

Parties agree that no action will be taken by either of them that may affect the other unless it is agreed to in the collaborative process. 

Role of Consultants
When a collaborative law process is used the parties can choose to receive additional information or guidance from other professionals such as accountants, psychologists, business valuators, social workers, appraisers, family counsellors, and financial planners. A consultant will become involved only if all parties agree. The parties must agree on how the consultant will be paid. 

If the collaborative process breaks down, the consultant cannot be used to give evidence for one party over the other.  Any work of the consultant or reports of the consultant is owned by all parties and remains confidential. If the collaborative process breaks down, neither party can use a collaborative consultant’s work or report in a court proceeding unless each of party agrees to its use.

Reach an agreement
Agreements reached in the collaborative process can be final agreements or may be agreements that the parties agree to review in the future.  The parties may decide that they do not have enough information about the future to make decisions that will bind them forever.  Sometimes the parties may agree that all or some of the agreement should be changed if certain events occur in the future.  It is often difficult to predict the future and provisions of this kind allow for that uncertainty to be dealt with in the future.
 
When agreement is reached on all issues, that agreement will be put into a written document and it will be signed by all parties and their lawyers. The lawyers will work together to legally formalize the collaborative agreement.  The lawyers will work together to obtain any court approval that may be necessary and will advise or assist the parties in carrying out the terms of the agreement that has been reached.  If disputes arise after the agreement about the agreement itself or how to implement the agreement, the parties are required to again meet in the collaborative process to discuss the problem.

What if no agreement can be reached? – See FAQ section of the website

For a more detailed explanation of the Collaborative Process, please see the “Collaborative Law Brochure” in the Documents section of the website.

Frequently Asked Questions