For people that are divorcing or dealing with various other family problems, the alternative to resolution is collaborative family law. The people involved strive to reach a resolution together with the help of a family attorney. In certain instances, they also involve financial advisers and mental health counselors. The form of resolution will not involve any court processes. In consideration of collaborative family law Calgary residents need to be well versed with what it involves.
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, it will be important that they are not dragged into the process. In addition to that, the environment of the resolution needs to be conducive and stable. The lawyers are there to help in the resolution and not to litigate or defend a client. This is why both parties have to be part and parcel of the procedure. Also, both need to have their attorney. An attorney mainly helps them to be well versed with splitting of marital assets, child support and custody of children.
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.
The attorneys will first need to meet their clients to discuss what the process entails and all the agenda. At the same time, the two attorneys will need to consult each other to reach an agreement on what should be discussed in the first session. For the meeting, all those that are involved need to be present so that rules are laid down. The rules are what govern subsequent sessions.
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 case for a reason or the other the process breaks down, all the discussions that you had will be considered confidential. They cannot be referred to in court processes or for future negotiations. It is a fundamental principle. However, majority of cases tend to be successful and thus planning for failure never comes in.
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, it will be important that they are not dragged into the process. In addition to that, the environment of the resolution needs to be conducive and stable. The lawyers are there to help in the resolution and not to litigate or defend a client. This is why both parties have to be part and parcel of the procedure. Also, both need to have their attorney. An attorney mainly helps them to be well versed with splitting of marital assets, child support and custody of children.
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.
The attorneys will first need to meet their clients to discuss what the process entails and all the agenda. At the same time, the two attorneys will need to consult each other to reach an agreement on what should be discussed in the first session. For the meeting, all those that are involved need to be present so that rules are laid down. The rules are what govern subsequent sessions.
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 case for a reason or the other the process breaks down, all the discussions that you had will be considered confidential. They cannot be referred to in court processes or for future negotiations. It is a fundamental principle. However, majority of cases tend to be successful and thus planning for failure never comes in.
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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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.
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