For individuals who are facing divorce or other problems in their marriage, a good option for solution is collaborative family law. Those involved try their level best to get to a solution with the help of an attorney. In some cases, you will also need to have a financial adviser and mental health expert. There are never any court cases with this form of resolution. When considering collaborative family law Calgary residents should know what is involved.
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.
If there are kids involved, the parties need to agree that the children will not be dragged into the proceedings. As much as possible, there needs to be a stable environment as the resolutions are reached. The function of the attorney will not be to litigate or offer defense to a client. As a matter of fact. Each party should have their attorney. The main work of attorneys is to help in figuring out issues that border on splitting assets, child custody and child support. These are among the most emotive issues.
For collaborative processes, you need the services of a counselor. When couples are trying to reach an agreement on emotionally charged issues, a counselor helps to cool down the tempers. They will try and help both parties to deal with various issues that arise, In addition, they can also assist parties to develop skills that will help them to cope and effectively communicate with each other. This comes in handy because individuals will still need to remain good friends and more so if there are kids involved.
For this process, the attorney and his client first meet to discuss what the collaborative process is about. In case it is suitable, the attorney contacts the attorney for the other party so that they arrange agenda for the first meeting. For that meeting, every person that is involved will be present and the attorneys will ensure each person understands the rules.
There is signing of a contract which is binding to both parties. After that is done, they will make a decision on what the next step should be and the need to schedule subsequent meetings for further discussions. If there are any binding issues that affect the negotiations, they need to be discussed when all parties are present and agreed upon. Respect, trust, honesty and commitment are key to the process.
In the event that negotiations and agreements cannot be reached, all previous discussions and deliberations are regarded as confidential. Also, they can not be referenced to in courts of law. This aspect further gives people confidence in the process. Most of the cases end successfully.
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.
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.
If there are kids involved, the parties need to agree that the children will not be dragged into the proceedings. As much as possible, there needs to be a stable environment as the resolutions are reached. The function of the attorney will not be to litigate or offer defense to a client. As a matter of fact. Each party should have their attorney. The main work of attorneys is to help in figuring out issues that border on splitting assets, child custody and child support. These are among the most emotive issues.
For collaborative processes, you need the services of a counselor. When couples are trying to reach an agreement on emotionally charged issues, a counselor helps to cool down the tempers. They will try and help both parties to deal with various issues that arise, In addition, they can also assist parties to develop skills that will help them to cope and effectively communicate with each other. This comes in handy because individuals will still need to remain good friends and more so if there are kids involved.
For this process, the attorney and his client first meet to discuss what the collaborative process is about. In case it is suitable, the attorney contacts the attorney for the other party so that they arrange agenda for the first meeting. For that meeting, every person that is involved will be present and the attorneys will ensure each person understands the rules.
There is signing of a contract which is binding to both parties. After that is done, they will make a decision on what the next step should be and the need to schedule subsequent meetings for further discussions. If there are any binding issues that affect the negotiations, they need to be discussed when all parties are present and agreed upon. Respect, trust, honesty and commitment are key to the process.
In the event that negotiations and agreements cannot be reached, all previous discussions and deliberations are regarded as confidential. Also, they can not be referenced to in courts of law. This aspect further gives people confidence in the process. Most of the cases end successfully.
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.
About the Author:
You can get a summary of the things to keep in mind when choosing a collaborative family law Calgary practitioner at http://www.leapdivorcesolutions.com/our-services/support-services now.
No comments:
Post a Comment