What happens if the collaborative model doesn’t work for us?

“What happens if the collaborative model doesn’t work for us and we can’t reach a settlement?”

In Collaborative Practice, each party retains a specially trained collaborative lawyer. As you may or may not know, both lawyers must disqualify themselves if a case breaks down and either party wishes to litigate. Proponents of this relatively new Alternative Dispute Resolution process say that this requirement motivates all of the parties to focus on settlement, since the parties would have to hire new lawyers and start over if they wished to go to court.

This system encourages all parties invested in the process of interest-based negotiations to continue to find solutions to all the parties’ problems. Just knowing that the lawyers you’ve chosen will never litigate your case also creates a sense of trust. You can be more open and less fearful of the process. This, experts say, also helps to result in an expeditious and fair settlement.

Sheila Kirsh is a Toronto-based, experienced family lawyer who has been practising Collaborative Practice for several years. She is Chair, a Director, and a Founding Member of the Collaborative Practice Toronto group and sits on the Executive of the Family Law Section of the Ontario Bar Association.