An exciting family law development, collaborative family law, has spread to Ontario via the U.S. and western provinces. It has much to offer to clients whose lawyers are adequately trained and willing to follow its Rules of Conduct. First and foremost, it represents a paradigm shift from the traditional role of a lawyer. Fundamentally, a collaborative lawyer uses his or her skills to model and teach clients how to be effective interest-based negotiators.
Collaborative lawyers act as legal advisers, role models and coaches for their clients.
The clients are encouraged to take the primary role in negotiating agreements that they believe will meet their own and their children's needs. The process is designed to encourage greater 'buy-in' to the resolution. Collaborative law is not adversarial or litigation-focused. In fact, both, parties and their lawyers must sign a retainer contract at the outset, agreeing not to litigate if an impasse is reached. One hundred per cent of the lawyers' and clients' effort is directed at finding a win-win solution.