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08 // Future Focused Collaborative Family Law Process

Writer's picture: Krista LidstoneKrista Lidstone

The Collaborative Family Law Process is a future-focused method to separation and

divorce due to its emphasis on constructive communication and problem-solving to

reach mutually beneficial outcomes for all parties involved. Unlike traditional

adversarial approaches, where the focus often lies on past grievances and assigning

blame, the collaborative process directs attention toward crafting agreements that

address present needs and anticipate future challenges.




Key elements of the Collaborative Family Law Process that contribute to its future focus include:


1. Client-Centred Approach: The Collaborative Process prioritizes the needs

and interests of the clients, empowering them to actively participate in shaping

their future arrangements. By fostering open dialogue and understanding, it

allows clients to envision and work towards their desired outcomes.


2. Interest-Based Negotiation: Instead of positional bargaining, where parties

take rigid stances based on past conflicts, the Collaborative Process

encourages interest-based negotiation. This approach seeks to uncover the

underlying needs and concerns of each party, facilitating the development of

creative solutions that meet those needs while minimizing future disputes.


3. Long-Term Planning: The Collaborative Process encourages forward-

thinking by addressing not only immediate issues but also considering the

long-term implications of agreements. By anticipating potential challenges and

changes in circumstances, the process aims to create durable solutions that

can adapt to future developments.


4. Interdisciplinary Collaboration: The Collaborative Process involves a team

of professionals, including lawyers, financial professionals, and mental health

professionals, working together to support the clients in reaching

comprehensive agreements. This multidisciplinary approach allows for a

holistic assessment of the clients needs and promotes solutions that consider

both emotional and practical considerations.


5. Emphasis on Communication and Respect: Central to the Collaborative

Process is the principle of respectful communication and cooperation between

parties. By fostering a positive and constructive atmosphere, the process aims

to rebuild trust and facilitate ongoing communication, which is essential for

implementing and adapting agreements in the future.





Overall,

the Collaborative Family Law Process is future-focused in its approach to resolving disputes by promoting client empowerment, creative problem-solving, and the development of sustainable solutions that prioritize long-term well-being and harmony.

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