What is collaborative family law and is it available in Ontario?

Collaborative family law is a structured approach to separation in which both spouses and their lawyers commit in writing to resolving all issues through negotiation, without going to court. It is available in Ontario and is used by many families who want to reach a separation agreement without litigation.

In a collaborative process, both spouses and their collaborative lawyers sign a participation agreement. They meet in a series of four-way meetings with full financial disclosure and, often, input from other neutral professionals — a financial specialist to help model options, and sometimes a child specialist or family therapist. The process is designed to focus on interests and problem-solving rather than positions and legal posturing.

The key feature is the "disqualification clause": if the collaborative process breaks down and either party decides to go to court, both collaborative lawyers must withdraw and the parties must hire new litigation lawyers. This gives everyone a strong incentive to resolve things collaboratively, since starting over with new lawyers is expensive.

Collaborative law tends to cost less than litigation, is faster than the court system, and is more private. It works best when both spouses are willing to commit to the process and there is reasonable good faith on both sides. It is not suitable in situations involving domestic violence or a serious power imbalance.