To most attorneys including this one, on the first hearing "collaborative law" sounds like a contradiction in terms. Lawyers go to court to find out who's right and who's wrong, so what's to collaborate about? Or if people are truly collaborating, why should they need to resort to law at all? What is "collaborative law" anyhow? In a nutshell, it is a process of working through a legal dispute, usually a domestic matter, in which the parties and their counsel agree ...

As the Collaborative Family Law model moves into its second decade of expansion, we can observe how far it has come and how far it has yet to go. The two most frequently expressed frustrations I hear while training around the country and across Canada are, the difficulty in getting cases, on the one hand, and the difficulty in keeping the case collaborative, on the other. As was true for mediation in the decades of the 80's, the desire of ...

In consideration of the responsibility of maintaining a regular column, I get the privilege of hitting clean-up to the excellent topical perspectives by Stu, Pauline and Barbara. Taken together, they represent a description of a professional world so different from the one which confronted me in 1971 when I took my oath as a lawyer, that the term revolutionary is hardly an overstatement. There was much talk of revolution while I was in law school, as the idealism of the ...

Collaborative Family Law (CFL) is a revolutionary approach to divorce that has quickly spread throughout the United States and Canada. [1] Often misunderstood and occasionally maligned, it has the potential to dramatically change the field of family law. In Medicine Hat, Canada, it has virtually eliminated family law litigation. [2] CFL is a continuation of the trend to empower participants in the divorce process that began with, and shares many of the principles of, mediation. This article will provide an ...

We have become an adversary society. Our adversarial relationship with one another can be seen in all segments of society, from the halls of the capital to the living rooms of the typical "ego based marriage". Our adversary 'mindset' has become a way of life. We think of "us" verses "them" within our relationships between countries, between Republicans and Democrats, and between other competing segments of society. We celebrate these differences and revere debate as a method of communication and ...

MICHELLE GESKY'S first divorce took three years, tens of thousands of dollars and incalculable heartache. A settlement was reached before trial, but not without appearances before the judge and the assignment of a social worker to defuse a thorny custody issue. Now Ms. Gesky, 41, is divorcing again, determined "to get past the emotion and not make what is already terrible worse." She also wants all three of her children, two from her first marriage and one from her second, to ...

There is a movement in family law whereby divorcing couples can sign agreements with lawyers to not go to court. More specifically, the process is known as Collaborative Family Law (CFL) and the agreement to not go to court is binding upon the lawyers, not the couple. If one or both clients are unsatisfied, either may still march the dispute to court. They will however have to find new lawyers.At heart, the CFL process seeks to develop consensus between the ...

Certainly, you should choose an attorney who has the qualifications, experience and competence to assist you in the difficult process of ending your marriage.  In addition however, it is important that you feel comfortable with the person that you choose to represent you as your attorney in this process.  Are you comfortable talking to the attorney about your situation?  Do you feel that he/she is concerned about the welfare of you and your family?  Do you have confidence in the ...

This is a very difficult question to answer and depends upon a variety of factors including the types of issues that are in dispute and the process that the parties use to end their marriage.  Usually, if the parties proceed by Dissolution, the entire process will take less time than if the parties are unable to reach an agreement and proceed with a Divorce.  Even the Dissolution process however, may take several months.  Divorce actions which involve more complicated or ...

The ending of a marriage involves many sensitive and personal issues and no one approach will necessarily work for everyone.  Nevertheless, it is the opinion of John Heilbrun that the Collaborative process will work best for most divorcing couples.  We will explore with you whether the Collaborative process is right for you and your spouse. For more information regarding our areas of practice, or to discuss your legal matter, call us at (513) 321-3940 or contact us online.