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Collaborative Divorce Alberta Blog

Articles: October 2022

10/16/22

Family Lawyers: Why You Should Practice Collaborative Law

Family Law is a difficult area to practice. Emotions are high, funds and resources are limited, caselaw is evolving, courts are unpredictable, other areas of law intersect, expert’s opinions vary and the problems never stop. In every trial I have ever run the judge tells the parties that they would be better off making their decisions together instead of relinquishing their control over the most important decisions of their lives. These judges are correct. Collaborative law is a great form of dispute resolution where lawyers can focus on really helping people with their lives and problems. Lawyers are contractually obligated to refrain from litigating; if either party wants to pull-the-plug on the Collaborative process, both clients have to get new lawyers. This commits the parties to the process and drives-up the success rate of the process. Lawyers in the Collaborative process get to rely upon the clients to take ownership of their own mutual problems and they get to rely upon experts when clients are positional. Collaborative Law is rewarding. Clients get to craft their own resolutions while still having the benefit of being represented by counsel and while relying upon experts to come to personally-crafted resolutions to their issues....

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