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Facts About Collaborative Family Law Calgary

By Ann Allen


For people that are divorcing or dealing with various other family problems, the alternative to resolution is collaborative family law. The people involved strive to reach a resolution together with the help of a family attorney. In certain instances, they also involve financial advisers and mental health counselors. The form of resolution will not involve any court processes. In consideration of collaborative family law Calgary residents need to be well versed with what it involves.

Originally, the process was developed to be used for divorce cases. To make it a success, the parties involved should agree to participate in the out of court process. It cannot be a success if either of them does not have respect for the other or are already adversarial. The couple also needs to comply with dispute resolution terms. It is important that parties involved agree with the dispute resolution terms.

If there are kids involved, it will be important that they are not dragged into the process. In addition to that, the environment of the resolution needs to be conducive and stable. The lawyers are there to help in the resolution and not to litigate or defend a client. This is why both parties have to be part and parcel of the procedure. Also, both need to have their attorney. An attorney mainly helps them to be well versed with splitting of marital assets, child support and custody of children.

With collaborative processes, professional counseling is crucial. This is because there are moments when the issues involved will be emotionally demanding and thus a counselor has to be there to assist. The counselor assists the parties to deal with various emotional issues. Further, they assist couples how to effectively cope and the way they can communicate with each other effectively. This will help the individuals to remain friends after separation, which is very important when there are kids involved.

The attorneys will first need to meet their clients to discuss what the process entails and all the agenda. At the same time, the two attorneys will need to consult each other to reach an agreement on what should be discussed in the first session. For the meeting, all those that are involved need to be present so that rules are laid down. The rules are what govern subsequent sessions.

After the process is completed successfully, a contract that binds the parties needs to be signed. This is as regards the rules of engagement. They will then need to agree on their next step and the need for more meetings. All parties should be present when binding issues are being discussed. To have a successful process, trust, honesty and mutual respect are key. Everybody should be committed to reaching an agreement.

If by any chance there is not able to be a resolution, the proceedings and discussions will be deemed confidential. They are not ever going to be part of court processes if there are to be future negotiations. This is an important aspect. Most of the negotiations however end in success.

If the case ends successfully, there is preparation of a binding agreement. This reflects the issues that have been agreed upon. Both parties sign the agreement.




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