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Collaborative Family Law
Collaborative Family Law (CFL) is a specific type of negotiation
process where spouses settle their family law issues out of court,
with the assistance of specially trained experienced family law
lawyers.
Those lawyers collaborate to orchestrate and manage respectful
and effective settlement meetings that are built to maximize spousal
participation.
The spouses work effectively because they are each supported by
a lawyer who is not just working with the other lawyer to run
the meeting, but simultaneously providing live support by advising,
guiding, informing, and acting as the clients communication
and negotiation coach.
What is discussed, how and when it is discussed, and in what detail,
is shaped in a cooperative, safe, positive bargaining environment
by the spouses themselves. They take responsibility and ownership
for their own marriage, their own lives - and most importantly
their own futures. They build the best future that meets everyone's
needs and interests, including the needs and interests of any
children. They work out their best possible solution as they define
it - not as some judge or court defines it.
While similar to mediation, CLF is not the same. In a collaborative
process, there is no neutral facilitator in the room. Controlling
the meeting and its progress is a duty shared between the collaborative
lawyers. They work together to ensure the communication is safe,
productive, focussed on solutions, and touches upon and solves
all the issues.
Another difference in this process is that your own lawyer is
sitting right beside you - ready, willing and able to give you
live guidance and legal advice. Some clients may feel that they
need that live support. Some clients feel a bit uneasy or alone,
or fear making mistakes when bargaining in a mediation environment.
A Collaborative Family Law process is designed to maximize client
capacity so they can do their best, and get their best deal with
less rancor, anxiety, and expense -- and with more control than
the court process. Two prime values of the CFL process are to
prioritize the needs of any children involved, and to work to
preserving (and even renovate) the spouses' ability to work together
cooperatively into the future.
Caspar van Baal is our family law lawyer offering these services.
If the collaborative approach appeals to you, speak to us. You
may have doubts that your spouse will be interested, or that he
or she can function well in the process. There is no harm in inviting
them to consider it as a viable option. The worst thing that can
happen is that they say no, and you will end up in another process.
We can support you in whatever occurs.
Contact our office to arrange a consultation for more information
about this or any of your other process options.
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