Collaborative Law

What is the collaborative process?

Collaborative law is a way to resolve separation or divorce without going to court. Both spouses work together with their lawyers and other trained professionals to reach agreements on all issues.

In this process, lawyers are retained to help achieve settlement only. The focus remains on cooperation, problem-solving and practical solutions rather than litigation.

Advantages of the collaborative process

Collaborative law offers several benefits:

Each person has their own lawyer providing advice from the beginning
Everyone focuses on settlement instead of preparing for court
Discussions centre on creative solutions rather than emotional conflict
Legal advice is available during negotiations
Neutral professionals can be jointly retained when expert input is needed
Decisions are made by you and your spouse, not a judge

Because meetings are focused on resolution, the process is often more efficient and less adversarial than court proceedings.

What is the disqualification provision?

If the collaborative process breaks down, both lawyers must withdraw and cannot represent either party in court. The parties must hire new lawyers to go to court. This commitment is part of the collaborative agreement and helps ensure everyone remains focused on reaching settlement.

We are afraid that lawyers will turn our divorce into a battle. Why would we want a collaborative process?

In collaborative law, lawyers are specifically trained to work cooperatively. Their role is to provide legal guidance while helping both parties reach informed, workable agreements without going to court.

Because separation agreements can have long-term financial and parenting consequences, having legal advice throughout the process helps ensure you fully understand your decisions.

Can any lawyer practise collaborative law?

No. Collaborative lawyers must complete specialized training. In Ontario, collaborative lawyers must have a minimum of 16 hours of training in this process. Most collaborative associations in Ontario require 32 hours of training.

To find a lawyer qualified to work within the collaborative process, look for someone registered with the Ontario Association of Collaborative Professionals. Every lawyer on the Swarbrick Law team is a member of a collaborative association.

How do I suggest collaborative law to my spouse?

A gentle approach usually works best. You may want to share information about the collaborative process and explain that it focuses on respectful communication and problem-solving rather than conflict or court proceedings.

Many people are open to learning more once they understand that collaborative law can reduce stress, help both parties feel heard, and often avoid the significant cost and uncertainty of going to court. You may want to suggest that they have an initial meeting with a lawyer trained in the collaborative process to explore the process.

What if my spouse already has a lawyer who is not trained in the collaborative process?

Both spouses must agree to use collaboratively trained lawyers for the process to move forward. This means each person would need a lawyer registered with the Ontario Association of Collaborative Professionals (OACP).

Even if your spouse already has a lawyer, you can still let them know that collaborative law is another option available to them. They can then decide whether they would like to explore that approach.

Does collaborative divorce cost less?

When couples are able to reach agreement without going to court, legal costs are often lower. This can be true whether agreements are reached through collaborative law, mediation or direct negotiation.

Because collaborative law focuses on settlement and avoids many court-related steps, it can often be a more efficient and cost-effective way to resolve separation issues.