What is Collaborative Family Law in Ontario?

Collaborative Family Law, often known as collaborative practice, offers a distinct approach to resolving family disputes in Ontario. As an innovative form of Alternative Dispute Resolution (ADR), it empowers couples to address their legal concerns amicably, without the need for court proceedings. In this process, each party retains their own collaborative family lawyer who provides guidance and promotes constructive negotiation to reach a mutual agreement.

What is Mediation in Ontario Family Law?

Mediation in Ontario family law refers to a voluntary process where a neutral third party, known as a mediator, facilitates dialogue between disputing parties. The goal is to help them reach a mutual agreement on issues arising from separation or divorce. This method is often preferred over litigation because it offers a more private, cost-effective, and time-efficient way to resolve family disputes. It empowers parties to negotiate and establish their own terms in a less adversarial setting.

Collaborative Family Law at Agha Law

Collaborative Family Law provides an alternative to the adversarial nature of the court process and is a form of ADR. It requires both parties to enter the process voluntarily, committing to resolve their issues respectfully and cooperatively, avoiding adversarial proceedings. With the assistance of their lawyers, the parties navigate the process collaboratively.

Spouses agreeing to avoid court proceedings must be open about the issues and voluntarily provide full and frank disclosure to the other party. Any negotiated settlement is based on the assumption that both parties act in good faith, providing complete and truthful information before reaching a settlement.

The parties’ lawyers also commit to finding a mutually agreeable resolution. They must agree in advance that if the collaborative process fails, neither party may use their collaborative lawyer to advance their position in court. This creates an environment conducive to negotiation and settlement.

Collaborative practice is similar to other ADR forms such as mediation, arbitration, and negotiation. Both collaborative practice and ADR aim to achieve the most efficient, agreeable, and cost-effective solutions for the parties. Collaborative practice differs from other ADR forms by enabling each party to have their legal guide during the process, whereas mediators cannot provide legal advice but facilitate discussions.

Why Choose Agha Law for Collaborative Practice?

At Agha Law, we encourage collaborative practice and other ADR processes due to the control they provide to parties in resolving issues, cost and time efficiency, and added privacy. However, cases with a risk of power imbalance are not always suitable for this method. Our team has extensive training and experience in screening for such power imbalances before commencing any process.

If you are interested in using the collaborative process to resolve your family law issues, please contact Agha Law. Our lawyers are trained in Collaborative Family Law and are committed to helping you achieve a resolution to your family law problems. As part of the collaborative process, our lawyers will meet with you to determine your interests and goals and guide you through reaching an agreement with your former spouse. Once a consensus is reached, we will draft your agreement and have it signed by both parties, creating a legally binding document.