Collaboration

There are five lawyers at Soby Boyden Lenz who are Registered Collaborative Family Lawyers with the Association of Collaborative Professionals (Calgary):

• John Soby Q.C.
• Barbara Widdowson Q.C.
• Sherry L. Kachur
• Krysta Ostwald
• Scot D.E. Menzies

In Collaborative Family Law the parties and their lawyers agree in advance to work together to negotiate a mutually acceptable settlement without court intervention. The parties and their lawyers sign a participation agreement confirming that they will:

• Negotiate in good faith
• Provide full disclosure of all relevant information
• Not use or threaten court intervention
• Use a mental health expert if outside evaluations are required
• Seek a new lawyer if they choose to go to court.

A collaborative lawyer

• Has specialized training in interest-based negotiation, mediation and collaborative law
• Commits to negotiate in a respectful manner and to avoid action that would escalate conflict
• Assists clients to negotiate effectively to meet their own needs while being aware and respectful of the other party’s needs
• Provides legal information and advice in a non-adversarial manner
• Models effective communication skills

Collaborative law provides

• A proactive process in which a mutually acceptable settlement is the stated goal of the parties and the lawyers
• A problem-solving approach rather than an adversarial approach
• A safe and respectful process for direct (face to face) negotiation
• Control over the process and the outcome
• Opportunity for creative and individually tailored resolutions
• Flexibility as to pacing and scheduling
• The ability to preserve or develop a future relationship as parents, grandparents or otherwise
• Support of neutral experts

In order for Collaborative law to be effective

• All parties can commit to reaching a fair settlement that takes into account the rights and needs of both parties
• Each party is prepared to devote the time and effort to actively participate in a co-operative negotiation process
• The parties are able to be respectful and deal honestly with each other
• Each party is willing to provide all financial or other information that might be considered important by the other
• The parties are prepared to engage new lawyers if, despite their best efforts, court intervention should prove necessary.