Collaborative Practice in Toronto:
Collaborative Family Lawyer Neeraj Goel
What is collaborative practice?
Similar to family mediation, ”collaborative practice”, “collaborative family law” or “collaborative divorce law”, is an out-of-court process for helping couples resolve family law issues related to their separation/divorce. During the process, each party retains their own collaborative trained family lawyer, and all involved agree, in writing, that no one will threaten or go to court during the negotiation process.
In a series of four-way meetings, the lawyers help you and your spouse negotiate the issues in dispute by focusing on your needs and interests, and provide you with legal advice as you need it. If, for any reason, negotiations break down and either party needs to go to court, both collaborative lawyers would withdraw, and the lawyers would assist you and your spouse transition to work with divorce litigation lawyers.
Why would I choose collaborative practice?
Collaborative practice offers clients an opportunity to resolve their family legal issues in a nonadversarial environment. By signing a contract that no one will threaten or go to court during negotiations, and by requiring both lawyers to withdraw if any party chooses to go to court, an incentive is created for all parties to act reasonably and respectfully during the process. In my experience as a collaborative family lawyer, 90% of cases are resolved to the clients' satisfaction.
How does the collaborative practice process begin?
After both clients have retained their own collaboratively-trained family lawyer, the lawyers will set an agenda for the first meeting, based on issues important to the clients. The location of the meetings will usually alternate between the lawyers' offices. At the first meeting, the collaborative lawyers will set out ground rules for the process and answer any questions. The lawyers will then guide all parties through each issue, providing them with legal advice where necessary, and try to achieve resolution on the issues in dispute.
Clients are not usually expected to bring any documents to the first meeting; however, the collaborative lawyers may ask the parties to bring relevant documents to subsequent meetings. Once all issues are resolved, the lawyers will work together to draft a separation agreement.
If I hire you as a collaborative family lawyer, are other professionals involved in the process?
Depending on the complexity of a case, I may suggest a family professional (i.e., a psychotherapist or social worker) or a divorce financial planner assist in the collaborative process. Family professionals are useful when there are serious emotional issues between parties, which may obstruct resolution of a case. Financial professionals assist with compiling and explaining financial documents and concepts, and providing financial projections for various settlement scenarios. It’s up to clients to decide whether they wish to have other professionals present, but I have found the addition of these professionals has benefited my cases tremendously.
How is collaborative practice different from family mediation?
In family mediation, both parties work with me as a family mediator to reach a settlement. I provide general legal information, but cannot provide legal advice. Once all of the issues are resolved in mediation, I draft a separation agreement. All parties are then expected to obtain legal advice from their own lawyers before signing the agreement. See the mediation page for more details.
In collaborative practice, there is no mediator as both collaborative lawyers, together with their clients, work to resolve each issue. However, each collaborative lawyer still has a duty to their individual client to advocate for their best interests in the negotiation, and to provide them with legal advice throughout the process. The collaborative lawyers will then draft the final separation agreement together.
I can advise you whether your case should be resolved through collaborative practice or mediation. There are advantages and disadvantages to both processes, and each must be tailored to the circumstances at hand.
What’s the cost of a collaborative case?
I charge an hourly rate, so the cost depends on the amount of time involved. Unfortunately, with so many variables it’s hard to estimate the number of hours necessary in advance. Some cases are resolved quickly and others take much longer.
What if I want to use a collaborative family lawyer but my spouse doesn’t?
Unfortunately, in order to enter into a formal collaborative case, both clients must retain collaborative lawyers. This does not always happen. Sometimes a client or his or her lawyer may convince the reluctant spouse to retain a collaborative lawyer. If this is not possible, you may need to resolve your case through negotiation or litigation.
Where can I get more information about Collaborative Practice in Toronto?
In Toronto, you can get more information through Collaborative Practice Toronto, of which I am a member: www.collaborativepracticetoronto.com. The website provides useful information about the collaborative practice process as well as a directory of Toronto collaborative practice lawyers and other professionals. If you live outside Toronto, check to see if your jurisdiction has a local collaborative practice association or group.
Please note that although I am a Toronto collaborative lawyer, I provide services for clients across the Greater Toronto Area.
What’s the difference between you and other collaborative lawyers in Toronto and the GTA?
- I’ve acted as a collaborative lawyer for a large number of cases, from simple to complex, with a strong track record of success.
- My hourly rate is very competitive with other lawyers.
- I maintain a compassionate approach while resolving family legal disputes.