Kamis, 21 Desember 2017

Useful Details On Collaborative Family Law Calgary

By Ann Allen


For individuals dealing with issues of divorce or other family problems, it is important to consider an alternative option of resolution that is known as collaborative family law. The parties will strive to have the issues sorted out of court with the help of family attorneys. They will also need to hire the services of mental health counselors and financial advisers. There are no court processes involved. In considering collaborative family law Calgary residents can benefit from some facts.

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.

In the event that there are kids involved, an important aspect of the contract is that children will be left out of the dispute. There should also be maintaining of stable home environment as the resolution is done. The attorney during this process is not to litigate or defend their clients. Both parties will need to agree to participate in the process. Both parties are supposed to have their attorney. The attorneys help clients to figure issues regarding child custody, splitting marital assets and child support.

In collaborative processes, professional counselors will need to be consulted. Whenever the parties are trying to sort out emotionally charged disputes, a counselor will come in handy. When situations like that arise, they will assist both parties in dealing with a range of emotions. The counselor is also able to assist couples in developing coping skills and how to effectively communicate with each other. This is useful because parties want to remain friends, more so if kids are involved.

There will need to be a first meeting between the attorney and his client so that the process is discussed in depth. If an agreement is reached, attorneys for both parties will meet to agree on what needs to be discussed in the first joint meeting. In the joint meeting, the couple and attorneys will be present so that ground rules are laid.

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 is a success, the attorney will prepare binding separation agreement. This is what reflects what has been agreed on. The parties are supposed to sign it.




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