Collaborative Law - in the interests of families and children..

Call to all Bloggers.. support Collaborative Law and Collaborative Practice!

Today there was an article in the Globe that is certainly going to raise some eyebrows regarding Family Law, and specifically, custody of children after divorce in Canada. As reported in the Globe and Mail, recent statistics of "Parental Alienation Syndrome" suggest that mothers are more likely than fathers to engage in parental alienation - where one parent "systematically brainwashes a child into hating the other parent".

The report also suggests that notwithstanding this data, the Court is less likely to direct counselling for women than men in alienation cases.

As a family lawyer for some 24 years, I guess I'm not shocked by these findings, though, with the statistical sample, it's difficult, I think to make these generalizations regarding gender - however, it does point to an inescapable reality - that the anger and bitterness in Divorce is a cancer than spreads to the parent's children if left unchecked.

I'm the Vice-President of the Association of Collaborative Lawyers of Alberta, and am also involved with the International Association of Collaborative Professionals and as such, I am a huge promoter of "Collaborative Law" or "Collaborative Practice".

For those who may not have heard of this - it is a negotiation process where lawyers who have obtained training in mediation or "interest based" (non-confrontational) negotiation, must sign a contract with their clients that, among other things, disqualifies the lawyers from ever going to Court for their clients. Yes - lawyers designed a process where they, and their clients, are required to resolve their differences respectfully, without any possible recourse to the Court process.

Often this negotiation includes a "team" approach where the parties also hire a "child specialist" to help the parents learn what is needed to help their children, a financial specialist to help sort out financial issues, and a coach or coaches to help facilitate an effective negotiation process.

This process has, throughout Canada, the U.S.A., and in fact the world, has shown great promise in helping people find a civilized way to move beyond one of the most painful processes in their lives.. particularly when they have children.

So - as we see Globe articles on the carnage which divorce can visit upon children - be aware that there is a growing group of committed lawyers who actually want to do something that helps people resolve problems respectfully, and in a manner which gives their children a chance at a happy future where divorce does occur.

For more information on the Collaborative Process, links are here:

http://www.collaborativelaw.ca

http://www.collaborativepractice.com