COLLABORATIVE FAMILY LAW
The basic premise of Collaborative Family Law is the agreement of the parties to resolve their disputes without going to court. The purpose of this process is to minimize the negative economic, social and emotional consequences of litigation when dealing with family breakdown.
The Collaborative Law process is structured:
- following the principles of interest based negotiation
- identifying each parties' needs and interests
- requiring full disclosure of relevant information
- generating options
- finding solutions that best meet both parties' interests to achieve optimal resolution and facilitate the future well-being of both of the parties and any children involved
Each of you will retain your own Registered Collaborative Family Lawyer. The involvement of counsel ensures that each of you has an advocate and that legal rights and obligations are considered. The lawyer's sole purpose is to assist both of you in arriving at a custom-tailored settlement.
In Collaborative Law both clients and lawyers agree that:
- they will voluntarily disclose all financial and other necessary information
- the issues to be resolved will be negotiated through meetings in which both clients and both Registered Collaborative Family Lawyers are present
- neither client will resort to court proceedings
- if necessary, experts are hired jointly by the parties
In Alberta as in other jurisdictions, lawyers who practise Collaborative Law are designated as Registered Collaborative Family Lawyers and are members of associations that set guidelines for their members and the training required to offer their services as Collaborative lawyers. Both Marla Miller, Q.C. and Pierre Boileau, Q.C. are Registered Collaborative Family Lawyers.