Collaborative Family Law is different than a court case, in which the parties commence a court proceeding and rely on temporary and final court Orders, either as recommended or ordered by judges, throughout the process. 

General Comment of Costs of Court Processes

The court process involves court filing fees, exchanging pleadings, attending at court Case Conferences with judges, Settlement Conferences with judges, and possible examinations for discovery (which is an out of court questioning in front of a court reporter under oath). Sometimes temporary Orders are made based on motions brought by one party, and there also can be a trial if the parties cannot reach an agreement. This is called an adversarial process, because the parties are opposing each other, and are in a constant state of conflict.

General Comment on Collaborative Process

The collaborative process looks at the interests of the parties, rather than positions. Interests might include the children, in regards to schooling and relationships between the children and each parent. In terms of finances, the collaborative process can be used to ensure that each party can meet their necessary expenditures, as well as dividing property in a way that is balanced and respectful of the needs of each party. 

Retaining Lawyers

In the collaborative process, each lawyer must be trained and experienced to work within the confines of the collaborative process. There will not be a court proceeding. The lawyers must work together before and after the parties and lawyers have a four-way meeting. The lawyers plan a process to get each of the parties to focus on their interests, and respect the interests of the other party.

 
The end result of a collaborative process taken to its proper conclusion is a final agreement, resolving all issues between the parties. All of the topics that could have been considered in a court process will have been completed. The result obtained may not be the same as one granted by the court, but reflects the decisions of the parties, and the special interests that have been discussed and resolved through the collaborative process. 

General Stages

The common stages of the collaborative process are as follows:

Initial Discussions

• Private and confidential planning and discussions between each client and their individual collaborative lawyer.
• Discussions and planning for the first meeting between the lawyers.

First Meeting

• The first settlement meeting occurs, where the parties sign the Participation Agreement, and it is ensured that the interests of the parties are understood by all. Some plans on how to deal with those interests will be introduced at this first meeting as well.
• A debriefing or discussions between the lawyers regarding the first meeting occurs. The lawyers then begin planning for the second meeting.

Second Meeting

• The second meeting of the parties and lawyers involves the discussion and exchange of the necessary information and documents relating to both parties, with some consideration as to any experts that may be required to value property (such as experts to value pensions, as this is not something that can be determined by lawyers alone).
• After the second meeting, the lawyers debrief, and begin planning for the next meeting.

Further Meetings

• There will be as many further meetings as required. However, there will be planning between the lawyers occurring before and after each meeting. The objective will be to have the parties reach temporary agreements, and eventually a final agreement of all issues.
• The parties will execute the final agreement, usually called a Separation Agreement, and this will be incorporated into a court Order if necessary. For example, court Orders about custody of children are often recommended, because these points need to be clarified if the children are to travel out of the province or country. Also, for parties to become divorced, there must be a court proceeding commenced, but this would be called an Uncontested Divorce. The cost of an Uncontested Divorce is quite minimal compared to a contested court proceeding.