Collaboration in family law involves resolving family law issues, concerns and disputes with the support of lawyers and other experts as needed, in a series of meetings, much like a mediation. Collaboration involves both parties and their lawyers agreeing and committing to finding an out-of-court solution. Another is that parties work through the steps towards a resolution, including all planning and advice given, with their lawyers and the other party present. As a family law mediator, I can be involved in any collaboration process. Where it may become particularly apparent and relevant is where there is a dispute about say, a property value, whereupon expert valuations are required.
In a collaborative family law process, the clients and their lawyers agree to work together to find a fair solution to whatever financial or child-related issues need to be addressed, again as in mediation generally, without involving the court.
Akin to the more typical mediation process, the family law party in a collaborative process remains in control of the process.
A collaborative approach permits for a greater degree of co-operation between a range of professionals. Parties involved in a collaborative process will have access to the skills of child specialists, counsellors, accountants, valuers, and financial advisers. All of these professionals are able to bring their expertise to the process, when necessary, thereby freeing up the lawyers to concentrate on helping their clients in the negotiations and focusing on the issues of priority to them. It also greatly assists me as the Mediator to more effectively untangle the areas in dispute.