Collaborative Law "When my husband and I separated, I did some research around our options for negotiating a separation agreement. Since we are pretty amicable, and with cost a consideration, we agreed to try the collaborative law process. I am very glad that we did it this way.
Deb Zutter is fair, organized, honest, and the epitome of what a collaborative lawyer should be. She kept her eye on our goals and the dignity of the process, and remained focused, while making sure that everything important was addressed. She acknowledged and dealt with my many emotions, while remaining sensible and pragmatic. She was kind to me and to my spouse, and kept the needs of our children and the financial realities in mind. There were some complications in the process, which Deb handled with intelligence, grace and skill. She kept in contact, and was approachable and open. I would not hesitate to recommend Deb Zutter for anyone interested in collaborative family law." - Barbara Bradey Core Benefits- It's confidential.
- All decisions are voluntary.
- You and your lawyer are committed to reaching a negotiated settlement.
- You can add coaches, a child specialist and a financial specialist as needed.
- It works.
Collaborative Divorce GuideView Deb's Collaborative Divorce Guide. (printable / pdf)
Collaborative Law: FAQ1. What is Collaborative Family Law?
2. What are the Benefits of Collaborative Family Law?
3. What is the Collaborative Family Law Lawyer’s Role?
4. What is the Divorce Coach’s Role?
5. What is the Financial Specialist’s Role?
6. What is the Child Specialist’s Role?
7. This sounds expensive… Is it affordable?
8. Who is suited for Collaborative Family Law?
9. Can a Participant Withdraw During the Process?
1. What is Collaborative Family Law?
Collaborative family law is a process in which the spouses, their lawyers and other members of the collaborative team work together to develop a fair, efficient and comprehensive settlement of all issues. Meetings are confidential. Participation is voluntary. Every decision is voluntary. The emphasis is on creating solutions that address the values and goals of each spouse and the best interests of their children. If either participant decides to go to court, or to withhold relevant information, the process ends and each spouse must find a new lawyer.
2. What are the Benefits of Collaborative Family Law?
The environment is one of cooperation. It is non-adversarial and respectful. You work together as a team during “4-way” meetings to explain what is important to each of you and to develop a detailed settlement of all issues. Your feelings are honoured. The needs of your children are addressed.
3. What is the Collaborative Family Law Lawyer’s Role?
Lawyers provide legal information and advice collaboratively to guide their clients as they negotiate a detailed, legally enforceable agreement that can form the basis of a Consent Court Order. In some situations, lawyers help their clients to reach temporary agreements to address immediate and pressing issues at separation. This gives the family time to adjust before a final settlement is negotiated.
4. What is the Divorce Coach’s Role?
Coaches support participants as they cope with their grief about the end of the their relationship. Rather than ignore or minimize emotions, coaches work with them to ensure feelings are expressed and contained so that you can negotiate the best plan for yourself, your former partner and your children. When coaches are involved, parents often develop their parenting plan in “4-way” meetings with their coaches.
5. What is the Financial Specialist’s Role?
Financial specialists are certified financial planners who help participants clarify their current financial situation and choose the best financial outcomes. They help you assess the long-term impact of the decisions you are making by considering your means, your needs and the impact of income taxes.
6. What is the Child Specialist’s Role?
Child specialists are trained in child development and the impact of divorce on children. They focus on your children’s emotional needs and give them a voice at a time of huge changes in their world.
7. This sounds expensive… Is it affordable?
Professionals do cost. In the collaborative process, the extent to which each of the professionals is involved will depend on the unique needs and circumstances of each family. The professional most suited to address the problem is used. For example, coaches, not lawyers, help spouses to cope with their emotions so that they are able to negotiate effectively. As the fear and hurt that many experience when they are uncoupling can lead to behaviour that tends to heighten the conflict and inspire revenge thereby increasing legal costs, the intervention of coaches is usually a cost savings.
The alternative, court, has become very costly. In addition, there are delays, formal procedures and uncertainty. It is adversarial. Each person wants to convince the judge that they are right. In doing so, the other spouse is criticized in court. As a consequence, relationships are harmed. When there are children, the reality is that you will both continue to parent your children. Doing so after an adversarial court hearing is incredibly difficult.
8. Who is suited for Collaborative Family Law?
- Couples who are willing to negotiate with each other and who are committed to staying out of court.
- Parents who want to minimize the hurt that children experience as their parents uncouple.
- Couples who are seeking solutions that will work for all members of their family, now and in the future.
- Couples who want the benefit of individual legal representation throughout their negotiation.
- Couples who are willing to negotiate in good faith and to promptly provide all information necessary and reasonable to resolve issues. If you are unwilling to abide by this or if you do not trust your partner to abide by this, then the collaborative process is not for you.
9. Can a Participant Withdraw During the Process?
Yes. Either spouse may end the collaborative family law process. However, In accordance with the Participation Agreement, there must be written notice and there is 30 days before a court application can start. This allows for an orderly transition from the collaborative process to the litigation process.
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Testimonials"Preparing for Mediation is a must read for anyone dealing with conflict. It is clear, logical and concise. It educates as well as guides the reader. Even if the reader is not going into mediation, there is plenty of information to help one handle conflict in a more healthy and constructive manner."
Akeela Davis, CFP, RFP, EPC, Investment Advisor |
