Collaborative Family Law

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PROCESS GUIDELINES (Sort of the Rules of the Game)

PROCESS GUIDELINES of The Collaborative Law Network (TCLN)

As a party in the Collaborative Family Law process you commit to:
  • Respect and follow the principles and guidelines of the Collaborative Law
    approach.
  • Clearly express your concerns, goals, objectives, needs and interests.
  • Take responsibility for the outcome of the issues discussed in the
    process.
  • Treat all participants in the process with respect.
  • Treat the process concerns and needs of the other party with respect.
  • Commit to the fullest development of choices and alternatives.
  • Do not diminish or belittle any person’s efforts to contribute to the development of choices and alternatives.
  • Listen for the purpose of seeking to understand the other party and not necessarily to agree with that person’s perspective.
  • Respect the beliefs and values of the other party, regardless if you
    disagree with them.
  • Respect the other party’s concerns, goals, objectives, needs and
    interests as expressed in the collaborative process.
  • Help to develop the information that is available in the process by
    providing full, honest disclosure.
  • Not react to the other party’s interests and desired outcomes with
    criticism and judgment.
  • Discuss interests, concerns and needs and not positions.
  • Take responsibility for your own emotions and behaviour.
  • Speak only for yourself by using “I” statements.
  • Not use language about the other party that is critical, judgmental,
    accusatory, blame-oriented, sarcastic or inflammatory.
  • Not make assumptions about the concerns, goals, objectives, needs and
    interests of the other party.
  • Use effective communication skills modeled in the collaborative process.
  • Let go of past frustrations in order to have a clear view of future
    possibilities.
  • Actively listen to all people who participate in the collaborative process, listening is not thinking about the next thing you are going to say while someone else is speaking.
  • Remember the goal of achieving mutually acceptable and beneficial outcomes for both parties.
  • Work with the “team” in order to maximize settlement options and outcomes.
  • Work toward achieving an enduring solution by ensuring that the solution is accepted and supported by both parties.
  • Not take advantage of the mistakes of any person in the process.
  • Not intentionally delay the process in order to obtain perceived benefits.
  • Express your concerns and needs about the process where the collaborative process is not meeting those concerns or needs.
  • Commit to meet all time frames agreed to within the process.
  • Be responsible to ensure open, ongoing communication with your lawyer.
  • Not threaten or be aggressive toward the other party in any manner whatsoever.
  • Not threaten the use of a litigation process.
  • Seek to understand your legal position on all issues by seeking information and communicating with your lawyer.
  • Understand that conflict can be resolved cooperatively without any person in the conflict having to give up their concerns, goals, objectives, needs and interests.
  • Not seek to make the other party “wrong” on an issue in order to be “right”.
  • Be open to hearing concerns, goals, objectives, needs and interests of the other party which you may not have been aware of or heard before.
  • Recognise the futility of arguing.
  • Remember you have the right to say “No” to anything that is not acceptable to you.
  • Respect that the other party has the right to say “No” to anything that is not acceptable to him or her.
  • Measure the value of anything that you do or say within the process by asking whether it is effective in advancing you to your desired goals or outcomes.
  • Be aware of how a comment or behaviour may result in a negative response in the other party, which will reduce the effectiveness of your communication.
  • Remember that there is little that the lawyers in the collaborative process can contribute to old differences that you will never agree upon.
  • Remember that your concerns, goals, objectives, needs and interests are not more valid if you spend time comparing them to the other party’s.
  • Remember inadequate information and ineffective communication prevent agreement:
    • Information requires the gathering of facts;
    • Facts require evaluation and analysis;
    • Evaluation and analysis reveal options;
    • Options allow the development of solutions;
    • Multiple solutions require negotiations;
    • Negotiations require effective communication;
    • Effective communication creates agreement; and,
    • Agreement resolves conflict.
  • Believe that you have the power to obtain adequate information and have
    effective communication.

I have reviewed the Process Guidelines stated above. I agree with the
principles expressed in the Guidelines and I shall at all times in the
collaborative process seek to apply and follow the Guidelines. I
acknowledge and request that the lawyers in the collaborative process
support my applying and following these Guidelines by informing me when I am
not doing so.





 

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2003 - The Collaborative Law Network (Incorporated)