Frequently Asked Questions

Collaborative law offers a new method of conflict resolution. Each party is assisted by their own lawyer, and everyone commits in writing to resolving the dispute without going to court. It applies to family, estate, commercial, civil and employment matters.

Taking part in this process involves:

• respectful negotiations;
• setting aside any contested court proceedings;
• an open exchange of important information;
• exploring a wide range of options;
• support from the lawyers to find solutions that reflect each party’s goals and priorities.

Collaborative law can be used to resolve all disputes relating to child custody, access rights, alimony, the fate of residences, the division of assets and debts as well as any other issues related to family life during a separation.

The participation contract is signed by the parties and their lawyers. The commitment is to honestly provide all important information and documents in the search for a solution and to settle the conflict without recourse to the courts.

If there are difficulties with the quality of the information provided or if the parties are unable to reach an agreement and it is necessary to go to court for a solution, the two collaborative lawyers and their partners will withdraw from the file completely. The transition will be handled by the collaborative lawyer to facilitate the handling of the case by a new lawyer.

The parties and their lawyers are present at the negotiating table. Lawyers, as legal advisors to their clients, have a role as facilitators or “coaches” to promote constructive communication. They keep the parties focused on the items on the agenda and propose creative options. Neither party has a veto: decisions are up to both parties.

Lawyers give advice, generate options. They will help you better listen to the other party’s proposals and communicate your needs.

In collaborative law, the disclosure of financial position and any other material facts must be complete to help the parties make good decisions.

If disputes involve children, clients and their lawyers must commit to finding solutions in the best interests of the children.

In collaborative law, we treat each other with respect and politeness is required. Lawyers work together with a common goal: a satisfactory agreement; they are not adversaries. However, each lawyer has the primary responsibility to advise and represent his client.

If one party refuses to disclose information deemed material, counsel must withdraw from the process to follow through on their commitment to the participation agreement. This can become an issue that forces the parties to honour the process.

It is common for parties to miscommunicate their needs during a dispute. Each party will receive advice from their lawyer individually to learn how to better present their point of view during settlement meetings. Lawyers intervene to reduce the conflict and, in the event of an impasse, to help the parties resume negotiations, even in situations of high emotions.

The collaborative law process allows questions to be referred to experts when necessary, for example: pension fund appraisers, professional appraiser, real estate broker, chartered accountant and actuary. Each party must consent to the process, both for the definition and scope of the mandate and for the payment of costs. The parties will also have to determine whether the expert will eventually be admitted to testify in court in the event of contested proceedings.

In the collaborative law process, it is essential that lawyers have received the same training to properly apply the principles of collaborative law and the commitment that follows. Not all lawyers of the Barreau du Québec have received this specialized training. If you are thinking of joining this process, you can consult our directory to find the names of our members, all of whom have the required training.

The mediator is an impartial third party who assists both parties in finding a solution to disputes without giving legal advice. Each party must use independent legal counsel to decide on the merits of the proposed solutions. In collaborative law, each party’s lawyer is present during negotiations and at the individual interviews necessary to prepare for negotiation sessions.

In collaborative law, there is no threat of going to court. In traditional family law, going to court can become a tool of pressure.

In collaborative law, a wider range of options can be examined in order to find a satisfactory solution.

In collaborative law, lawyers and clients work as a team to address the needs of both parties, as their interests are often intertwined.

In collaborative law, both parties and their lawyers negotiate together and take responsibility for resolving their conflicts themselves.

In traditional family law, lawyers are in control of the process and the negotiation, and ultimately a judge will make a decision, if necessary.

The process does not offer a guarantee, just like other methods of settlement. It only takes the will of one party to end the process. The two lawyers and their partners must then withdraw from the file and will help transition to lawyers who will handle the proceedings in court.

The choice of this method is voluntary, so either party can withdraw at any time. There may be circumstances that require one of the lawyers to withdraw if their client refuses to disclose information they had agreed to provide.

Each party pays their lawyer at an hourly rate. The cost of the process will vary depending on the complexity of the retainer and the time required for discussions. Each party will discuss with their lawyer the hourly rates and time required.

If you are interested in the process, you should discuss it with the other party as this method requires the presence of both parties accompanied by lawyers trained in collaborative law. Our directory will inform you of lawyers qualified in collaborative law.

Collaborative law assures the parties that their agreements have been created and designed for their needs with the help of a legal advisor. The method used respects each individual and ensures that the arrangements made are those sought for the best interest of each party, at a reasonable cost.