Q.1 How is the Collaborative process different from Mediation?

A.1 Mediation takes place with an impartial third party, who helps you to come to a decision. You attend the sessions without your lawyer and obtain legal counsel and advice outside the sessions. In Collaborative Family Law, negotiation takes place in four-way meetings with both lawyers and spouses working as a team. You will also meet with your lawyer individually where you will receive counsel and legal advice.

Q.2 How does Collaborative Law differ from Litigation?

A.2 The parties make the decisions on the final result.

The Collaborative Process:

• Reduces negative impact on children
• Focuses on your interests
• Allows everyone to maintain their dignity
• Lessens hostility
• Sets the stage for getting on with your life
• May be quicker and therefore less expensive

Q.3 What if the process is not successful?

A.3 Throughout Canada and the United States, the success rate of Collaborative Law is very high. However, if either party decides to discontinue the process, both lawyers must resign and have no further involvement. Both parties then start proceedings with new lawyers.

Q.4 How long will it take?

A.4 Since you control the process, the length of time required depends on the parties’ commitment to the process.

Q.5 What must I bring to the process?

A.5 willingness to participate in open and honest dialogue, to make full financial disclosure (this is also required in litigation) and to treat your partner with respect.

Q.6 How much will it cost?

A.6 Your lawyer will charge her/his regular fees. The cost may be less than litigation. The better you and your partner are able to collaborate, the less it will cost.