Law Practice Essentials

Collaborative law is a process that allows parties to work together with their counsel, and other professionals as needed, to reach a mutually acceptable agreement. It is a common misconception that collaborative law is the equivalent to a negotiation settlement meeting or a ‘four-way meeting’; collaborative law is a formal process with its own membership requirements and rules.

The key characteristic of collaborative law is the commitment of all parties, including counsel, to work together toward a fair and mutually acceptable resolution. The parties and counsel sign a standardized agreement at the outset of the process, which sets out the expectations and principles that will govern the process. Of particular note is that:

• Concerns will be addressed in a way that meets the needs and interests of the parties.
• Concerns and interests will be discussed openly and only in meetings, so there is a more comprehensive understanding of each party’s perspective.
• Should the parties be unable to reach an agreement, counsel will be disqualified from representing them in court.

The principles set out in the standardized agreement can slightly vary based on region. When counsel are from different regions, it is important to discuss and agree on which version will be used or create a custom agreement that meets everyone’s needs.

Once the agreement is signed, the parties engage in a series of structured meetings to identify their concerns, engage in full disclosure of information, brainstorm options and reach a settlement that works for everyone. Both parties and counsel attend all meetings, and at times financial, parenting or other professionals may also attend to provide information and advice.

Counsel are not impartial in the process and they are expected to advocate for their clients, but they commit to doing so in a way that upholds transparency and respect for the parties and the process. In this respect, the use of the collaborative law process is restricted to lawyers who are members of their local association. Some associations extend membership to financial, parenting, and mental health professionals who have completed the required training and are committed to following the principles of the process.

While collaborative law is most used in family law settings, it is gaining traction in civil and commercial law. The requirements to become a member depend on the association and region, but generally it involves some combination of completing training in collaborative law, mediation and/or negotiation and meeting ongoing training requirements. The Collaborative Divorce Alberta Association website contains a directory of family collaborative law professionals and where to find information about membership requirements, and the Alberta Collaborative Resolution Association has similar information for civil and commercial law matters.