Navigating a contentious divorce can be one of the most difficult conflicts in a person’s life.
A good family lawyer can help to resolve divorce conflicts fairly and equitably, but using a collaborative approach may be just the answer to provide even greater support, and to help reduce everyone’s stress in a time of crisis.
Susan Zwaenepoel QC is a collaborative lawyer. She works in teams to support her clients, calling on other collaborative professionals – financial advisors, child specialists and divorce coaches – to provide assistance, information and recommendations to resolve divorce conflicts in a more cooperative manner.
“Collaborative work is fundamentally a philosophical approach to family law,” Susan says. “It is geared toward problem-solving, cooperation and to providing the client with support and the tools to get through the process in a less litigious manner than in a traditional divorce. The collaborative process also allows the clients the flexibility to choose the team needed to address their specific situation.”
Since her collaborative training in 2001, Susan has seen a steady growth in this kind of work, and says her practice has been primarily collaborative for the last few years. “Both clients and lawyers really benefit from this kind of work,” she says. “The clients gain access to support they wouldn’t necessarily have had in a traditional divorce. By calling on a team of experts, matters are often resolved quicker and more positively for everyone involved.”
There are benefits for the professionals as well. “As a lawyer, you often need to provide emotional support for your clients,” she says, “as they are going through a truly terrible experience. By involving a psychologist as a divorce coach, the client has someone to talk to, so as the lawyer, you can focus on doing the job you’re trained to do. While I feel I’m well-equipped to deal with the emotionality of my clients, it is excellent to be able to focus on my job, which is to be their lawyer.”
Same can be said for involving a financial neutral, who can make recommendations on financial settlements, tax issues and other financial matters that arise. Child specialists give a voice to the children involved in a divorce, and help determine a fair parenting plan that will work in the best interest of the children.
So what does it take to become a collaborative professional? LESA offers the three courses that train lawyers, psychologists, and financial professionals on the intricacies of this kind of work: Basic Collaborative Law, Interest Based Negotiations and Mediation of Family and Divorce Settlements.
Once a professional receives their training from LESA, they can register with a regional practice group with the Association of Collaborative Lawyers of Alberta (ACLA). There are six regional groups in the provincial association, and each local group maintains their own membership and standards. If you are interested in becoming a collaborative professional, please check out www.collaborativepractice.ca.
“Collaborative practice isn’t necessarily for everyone, nor does it necessarily work for every divorce,” Susan says. “But it does have tremendous value for clients. They are more involved in the process, they are fully informed of their options, and they are fully involved in every choice throughout the process. On the long term, this kind of divorce often results in more harmony and better co-parenting. It can be a powerful thing.”
For more information about the upcoming collaborative seminars visit LESA.org. There is still room to register in Basic Collaborative Law on September 14 and 15 in Red Deer. This course is open to lawyers, psychologists and financial professionals.
Stay tuned for the psychologist’s perspective on collaborative law next week…
