How Do I Proceed?

Collaborative Process

If you could sit at the proverbial kitchen table with your partner or spouse to discuss a common problem with your own lawyer next to you as your ally, guide and advocate, above all without the threat of court looming, would you be interested?
The process of collaboration is true cooperation to achieve the highest priority goals for each of you, and in the long term, for the family. Communication is respectful and the voluntary financial disclosure promotes trust. Lorisa’s private meeting with her clients are meshed with a series of group meetings. Shared Progress Notes of the meetings provide a confidential record of the steps to resolution.

An Interdisciplinary Collaborative Team uses the knowledge and experience of:

• a Family Specialist, or Child specialist, to create a child–focussed plan, to assist with concerns about communication, any allegation of child abuse, transitional periods from the family home to two separate households; meets with the children to assist them in understanding the circumstances, and other family based matters;
• a Financial Specialist to assist with filling out the financial statement, help you realize your future financial potential to and beyond retirement; to explain financial concepts, assists clients to assess and create viable settlement options; and 
• a neutral Facilitator, to assist with respectful and effective communication practices so each spouse is heard and understood;  to acknowledge the emotional background; and to focus the contribution of each partner to the discussion.

To learn more about this interest–based process, contact me for a consultation.

Negotiation

This approach to settling family issues is based on the positions taken by each spouse: a list of outcomes you wish to achieve. It is important to make sure that you consider wider and still relevant matters such as extended family relationships, possible changes in your future financial circumstances, upcoming large expenditures such as new accommodation or the children’s post secondary education plans, and retirement.

Whereas in the Collaborative and Mediation processes you are taking steps together to understand each other's interests and working towards a mutually satisfactory resolution, Negotiation involves each lawyer often advocating through correspondence for the independent position of her client.

In all issue resolution processes full and frank financial disclosure of all assets, debts and liabilities is mandatory. This disclosure process includes the sharing of supporting documents and the professional valuation of pension plans, businesses, intellectual property and other types of property to ensure that you understand and are fully informed prior to making any decisions.

Sometimes it is beneficial to hold a settlement meeting where the clients can sit face to face with their own lawyer to discuss the issues  on a without prejudice basis. The professional valuator, accountant and other specialists may be present to answer questions and offer you advice. Until the Minutes of Settlement or Memorandum of Understanding are signed, the discussions are kept confidential and only the terms in agreement will be set out in the final contract.

Mediation

You are comfortable enough to face each other but require guidance to help you both find a mutually satisfying resolution to matters in issue.

One critical aspect of the mediator’s role is to remain neutral: without assessing or judging; without preference for one person’s interests and goals.
Another important role of the mediator is to assist both parties to express and understand each other’s interests, such as continued involvement in the children's lives, financial security, and a fair division of property, with a view to helping both spouses reach an agreement in principle. Focus is on developing options for the future, not reliving the past.

Upon receipt of the written agreement called a Memorandum of Understanding or, Mediation Report, each partner or spouse must obtain Independent Legal Advice from a family law lawyer to ensure the terms are enforceable and legally sound.