While aspects of the case, such as the details of a parenting plan, the involvement of extended family or new partners, may still be worked out with a mediator, many aspects can be negotiated in a four-way meeting between lawyers and clients. Fourth, financial disclosure completed in a collaborative manner is likely to be more efficient and cost-effective. One of the guidelines requires that the parties make full disclosure of all relevant information at the earliest opportunity to ensure a fair and expeditious settlement. The emphasis on constructive problem-solving is both efficient and reassuring to clients who already feel their lives are out of control. Lawyers express concern about the requirement to withdraw if a matter reaches an impasse and is headed to court.
Lawyers argue that it is unfair to clients to change lawyers.
The reply is that if lawyers and clients know that the lawyer must withdraw if the case goes to litigation, everyone will have a strong incentive to settle. If a case is precedent-setting or if the it clients are at risk of harm, a traditional process will likely be preferable. Collaborative law is not intended to replace traditional approaches, but rather to add a creative choice to the menu of options available to clients. The Collaborative Family Law Association is currently forming under the skillful and enthusiastic guidance of Jim MacDonald. We are organizing standards of training, membership requirements, a code of conduct, precedent materials and training programs.