Collaborative Practice for Family Law

A different kind of separation

Unlike litigation, which pits parties against each other in a combative and adversarial system, collaborative practice brings everyone to the same table. Both parties, supported by their own collaboratively trained lawyer and a team of specialist professionals, work together toward a settlement that reflects what matters most to the parties, not just what the law prescribes.

The process begins with a Participation Agreement, in which both parties commit to honest disclosure, respectful communication, and staying out of court. If the process breaks down, neither lawyer can continue to act in litigation, which means everyone has a strong incentive to make it work.

What can collaborative family law cover?

• Property settlement and asset division
• Parenting arrangements and children’s living situations
• Spousal maintenance and child support
• De facto relationship endings and divorce
• Prenuptial and binding financial agreements

Who is in the room?

In a typical collaborative family law matter, the team includes:

• A collaboratively trained lawyer for each party
• A financial neutral: an independent financial professional who helps both parties understand the financial picture and the long-term implications of different settlement options
• A communication coach: a mental health professional who helps manage emotions, improve communication, and keep the process on track
• A child consultant (where children are involved): a specialist who gives voice to children’s needs and helps parents focus on their children’s wellbeing

Why does it matter for children?

Research consistently shows that children’s outcomes after separation are far more strongly shaped by the quality of their parents’ ongoing relationship than by the specific terms of any agreement. Collaborative practice is designed to preserve that relationship, or at least create conditions where civil co-parenting is possible. It keeps children out of the conflict and avoids the trauma of parents fighting in court.

As our board member Alex Namisnyk puts it: collaborative practice allows parties to find options that would never be available in the court system.