What is the History of Collaborative Practice?

What is collaborative divorce? How does collaborative family law work?

Is there an option to get a divorce without going to court?

Before these questions are answered, we should first look at the history of the collaborative family law process.

In 1990, a Minnesota lawyer recognized the fact that traditional litigation did not always provide the best solutions to couples seeking a divorce or separation.

One party frequently received a majority of the benefits and children were often left out of the considerations.

Stuart Webb had many years of experience in courtrooms to back up his observations regarding the ineffective nature of the conventional divorce process.

Mr. Webb sought a more holistic and family friendly approach. Thus, he spawned the collaborative family law process.

The process is centered on mediation of issues and disputes, rather than arbitration by a judge or other third party.

Couples meet with family lawyers, divorce coaches, child specialists, financial consultants, and any other parties they wish to include in the process.

Through these meetings, information is exchanged from both sides and a comprehensive agreement is reached. Mutual problem solving helps couples agree on solutions that both parties feel comfortable and satisfied with.

By giving spouses creative control over their agreements, the collaborative family law process leads to contracts that both parties can agree to honour in the long-term.

Since its inception, the collaborative family law process has grown in popularity, spreading to every major city in Canada, as well as the United States, Europe, and Australia.