What is Collaborative Family Law?

It is an alternative dispute resolution process (i.e. an alternative to going to Family Court), in which you, the person you are separating from and your lawyers work together with other professionals (e.g. family professionals, financial professionals) to support and guide you and your ex-partner through the separation process to create a separation agreement that works best for you and your family. While Family Court is sometimes a necessary option for families, the Court process is slow, expensive, stressful and may result in an outcome that you don’t agree with. It is an adversarial process, that pits you against the other party, which promotes negativity, hiding information from each other and taking extreme positions in hope that you will get what you want. Furthermore, Court is not private - the details of your separation can be accessed by anyone in the public and are sometimes published in blogs, academic journals and news providers.

Collaborative Family Law, also known as Collaborative Practice, is a unique process that is tailored to you and your family. When going through this process, the separating parties have to agree to the following:

• Positive communication at all times throughout the process

• Open sharing of information relevant to the separation among the Collaborative Team, including financial information

• A commitment to not attend Family Court or threaten to go to Court

• Agree to negotiate with each other in good faith

• Explore all options for an agreeable settlement

• Keep the details your separation and your family private from the public

Overall, Collaborative Practice is faster, less emotionally taxing and more effective than going to Court. It is also far cheaper in the long-run than the Family Court process, which can cost your family tens of thousands of dollars or more. Find a more detailed description of Collaborative Practice at the Ontario Association of Collaborative Professionals or the International Academy of Collaborative Professionals (click on the names to be linked to their websites).

Jonathan works as a Collaborative Family Professional and he can help you with the following during the Collaborative Process:

• Screen both parties for domestic violence and power imbalances

• Support positive communication during meetings and in-between meetings

• Supporting the legal and financial professionals in any way that I can

• Helping parents create a parenting plan that works best for their children

• Ensure that all discussions are as productive as possible and address any issues that are created by hurt feelings or difficult emotions

• Provide useful information about child development, the impact of parental conflict on children, advice on how to support children through the separation and provide referrals for counselling and other supports

• Host meetings (Zoom) and take meeting minutes to distribute amongst the Collaborative Team

• Maintain strict confidentiality to protect your private information

Jonathan is a member of the following Collaborative Practice Groups (click on the names for more information):

• Durham Collaborative Practice

• Collaborative Practice Institute

• Peterborough Collaborative Practice or click here to download their brochure: PCP