Services

COLLABORATIVE LAW

WHAT IS COLLABORATIVE FAMILY LAW?

The end of a marriage or relationship can be tragic enough. Often, the process of divorcing only adds to the pain. You and your spouse or partner may come to see each other as adversaries and the divorce as a battleground. You may experience feelings of confusion, anger, loss and conflict. Under such circumstances, you might find it difficult to see an end to divorce, much less imagine a hopeful future afterwards.

But it doesn’t have to be this way. A growing number of parting couples, along with other professionals such as lawyers, mental health professionals and financial specialists, have been seeking a more constructive alternative. These professionals have developed the Collaborative Practice model. Collaborative practice is a team approach with key professionals available to you as necessary. When working as a team towards solutions determined by your goals; Academy Family Mediation can assist you in resolving your family law dispute. Through a combination of skills and experience we will assist you in determining your goals and selecting the legal options that you determine will meet those goals.

Collaborative Practice is a reasonable approach to divorce based on three principles:

Mutual respect is fundamental to the collaborative way. You may cease being spouses, but you don’t cease being worthy human beings. When respect is given and received, discussions are likely to be more productive and an agreement reached more easily.

The key difference between Collaborative Practice and conventional divorce is the pledge to reach an agreement before going to court. You and your spouse keep control of the decisions yourselves, rather than giving it up to a judge. In order to accomplish that, all of the parties consent in writing to be part of a respectful process that leads to an out-of-court resolution that is legally binding. In Collaborative Practice, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle.

Even under the best of circumstances, communication can be strained as a relationship is ending. Yet keeping the lines of communication open is essential for reaching an agreement. Collaborative Practice provides for face-to-face meetings with you, your spouse, your respective lawyers and your team as needed. These sessions are intended to produce an honest exchange of information and expression of needs and expectations. When the issues are openly discussed, problem solving can be direct and solution focused. Negotiations take place in ‘four-way’ settlement meetings that both the parties and their lawyers attend. The lawyer’s role is to guide and advise the parties towards a reasonable resolution. While the legal advice is an integral part of the process, all of the decisions are made by the parties. Conflict resolution, and an outcome that is satisfactory for both parties and their families, is the objective. If either party chooses or decides to proceed to court then the collaborative process ends, the lawyer’s fees are paid and both collaborative lawyers are disqualified from the process and can no longer act for either party in the context of contested family law proceedings.

The principles of Collaborative Practice are appropriate for other family law matters such as cohabitation and guardianship agreements.

What is a Parent Coach in Collaborative Family Law?

When a relationship ends, emotions can run high and the stress of separation may feel overwhelming. Limited emotional support can make it difficult to move forward, and ongoing conflict with a spouse can slow negotiations and increase legal costs.

Conflict can also impact children and minimizing exposure to conflict is a child focused goal. Research shows that the emotional distress children experience during separation can cause more harm than the divorce itself. Parent coaches guide parents through these challenges and help build a resilient co-parenting relationship.

You and the other parent will work with your parent coach with these goals in mind.

Communicate your needs clearly and effectively
Navigate difficult emotions in a safe and constructive way
Develop a positive, sustainable plan for your family’s future
The goal is to help you bring your authentic, grounded self to the collaborative process, fostering compassion, understanding, and cooperation with the other parent.

By working with a coach, you are empowered to make decisions that are child focused, respectful, and aligned with your family’s best interests.

What do I bring to the collaborative process?

I have worked with families for 35 years formerly as a social worker in forensic work and as collaborative family lawyer and am now Chartered Mediator with the ADR Institute of Canada. I have extensive experience in working with families, child development, and the emotional challenges of separation and divorce.

Within the collaborative team, the coach:

Through this guidance, parent coaches help families move forward with respect, understanding, and child-focused decision-making.

How Do Collaborative Coaches support Parents and Children?

When parents share the responsibilities of decision making and the joys of time with the children, a primary role of a parent coach is to help develop a co-parenting plan that works for the whole family and prioritizes the best interests of the child.

This approach to developing the parenting plan that work for your unique family can create parenting arrangements are respectful, informed, and supportive of your children’s well-being, resilience and family stability.

What is a parenting plan?

The Manitoba government’s For the Sake of the Children parent information program provides information to help parents develop a child–focused parenting plan.

Family Law Manitoba states:

A parenting plan is a formal, written document that outlines how parents will care for and raise their children following separation or divorce. It provides clarity, structure, and guidance for both parents, helping to support the child’s well-being and stability.

Key Elements of a Parenting Plan

Parenting arrangements: Specifies when and how much time each parent will spend with the child
Decision-making: Outlines how major decisions about the child will be made—jointly or individually with consultation
Communication: Establishes how parents will share information regarding the child
Other considerations: Addresses additional parenting concerns or situations as needed

What is a participation agreement in the collaborative process?

The success of a collaborative separation or divorce is built on the Participation Agreement signed by both parties and the professionals on the Collaborative Team.

This team may include:

A Participation Agreement is a formal contract that outlines the path through the collaborative process and formalizes your commitment to its principles and values.

By signing, you and your partner commit to:

Resolving issues outside of court whenever possible
Communicating openly and respectfully
Keeping negotiations confidential
Promptly disclosing all relevant information
Not using disclosed information against each other if the matter proceeds to court

Participation Agreements are a key feature of collaborative divorce, ensuring clarity, accountability, and a child-focused, respectful process for all involved.

MEDIATION

WHAT IS MEDIATION?

There are generally-recognized principles of mediation. The mediation process at Academy Family Mediation follows these principles and promotes active participation. These principles include:

Consent

Mediation is a voluntary process in which parties approve to participate, as opposed to court trials that oblige parties to attend.

Impartiality / Inclusivity

A mediator should avoid any sort of favouritism or judgment towards one party and avoid any conduct that reveals partiality. Mediation should be a balanced process in which parties are treated fairly and whose perspectives are respectfully integrated.

Confidentiality

The mediator is bound not to disclose any information s/he has become aware of during the mediation. Any exceptions to this rule should be made explicit to the parties.

Self-determination

This is the key principle of Mediation and the one element that clearly distinguishes it from litigation. Parties have ownership of the process and the responsibility to find a mutually agreed solution. The role of the mediator is to foster dialogue and facilitate a voluntary resolution of a dispute, not to solve, suggest, or find solutions, and coerce parties into accepting anything they haven’t elaborated themselves. The mediator’s role is to facilitate the free exchange of ideas and never impose an agreement.

Conflict of Interest

The mediator should not have an interest in the outcome, not even in a peaceful solution. If the mediator believes there is a conflict of interest (knowing, favouring one party, etc), the mediator should recuse him/herself.

Competence / Preparation

Training and experience are key in mediation. Typically, it takes a substantial training, practice and experience to gain accreditation and credibility.

Safety

Mediation should take place in a physically safe place. The mediator should create an environment where parties can freely talk and can trust the integrity of the mediator and the process.

Quality

This aspect refers to all of the above and in particular to the mediator’s ability to be aware of his/her own judgments and assumptions so not to negatively affect the process. The mediator shouldn’t offer opinions on issues of merit or specific subject matter, rather encourage the parties to equip themselves with all the expert support they believe they will need to solve the conflict. A mediator should conduct the mediation fairly, diligently, with sensitivity, civility and respect.