Headingley, Manitoba, Canada
What is Collaborative Practice
In June 2019, the Manitoba government passed The Family Law Modernization Act, which includes new laws and amendments to ensure families looking at separation or divorce will have a number of services, supports and programs that may help them settle family law issues such as parenting arrangements, child and spousal support, and property division outside of court.
Collaborative Practice is one of the voluntary dispute resolution process in which parties settle without resort to litigation.
According to the International Academy of Collaborative Professionals (IACP), in Collaborative Practice:
- The parties sign a collaborative participation agreement describing the nature and scope of the matter;
- The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;
- The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;
- Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;
- The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and
- The parties may jointly engage other experts as needed.
Collaborative Practice provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of coaches, child and financial specialists all working together with you on your team.
In Collaborative Practice, core elements form your commitments to this process, which are to:
- Negotiate a mutually acceptable resolution without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.
Learn More
To learn more about the collaborative process, click the link below to be directed to the International Academy of Collaborative Professionals and their “Knowledge Kit”.
Collaborative Coaching
Why do you need a Collaborative Coach on your Team?
When a relationship ends, emotions run high. Often the strain of separation can feel overwhelming, and if you have limited emotional support it can make moving forward difficult.
Conflict with your spouse is not only painful but can also slow negotiations causing legal costs to rise.
Conflict also hurts children. The emotional distress experienced by children has been shown to cause more damage than the divorce itself. Coaches can help you protect your children from this risk.
Collaborative coaches are with you every step of the way. They help you communicate your needs, move through tough emotions, and create a positive and sustainable plan for your family's future.
What is a Collaborative Coach and how do they Help?
A collaborative coach is a mental health professional with years of experience in their discipline as well as an understanding of child development and working with families going through separation and divorce.
The role of a collaborative coach with a client is:
- to help with the transition process by providing a place to deal with the range of emotions that may come up in any marital breakup. It may be a place to tell your story and have it validated, or to feel fundamentally understood. It may be to help normalize your emotional experience or help you understand where you become ”triggered” and how you respond.. Each of these pieces is used to help you bring your most authentic self to the collaborative table so that you and the other parent can make decisions with compassion for each other and an ability to recognize each others’ humanity.
- to help a person determine what is important in their divorce process taking into consideration children and parents. We can help you identify areas of particular concern or priorities. We can help look at “What is most important to you? And “What are your greatest fears?”
- help develop skills in open communication that is effective, non-attacking, and non-defensive, as well as self-management, and creative problem solving skills.
The role of a collaborative coach within the Team is:
- to support the attorneys in understanding the parents triggers, fears, and concerns. We can help attorneys understand when marital issues are replayed in the collaborative process causing positional behaviours or creating impasses.
How Do Collaborative Coaches support Parents and Children?
When you and your partner share children, a primary goal for a Collaborative Coach is to help you draft a co-parenting plan that will work for your whole family moving forward.
The goal is to create parenting arrangements that are in the best interest of the child.
If you are struggling to determine what is best for your children, a Collaborative Coach can recommend a Child Specialist to be added to your team. The Child Specialist then meets with your children to assess their needs and gives them a voice. They then share the children's needs with you and your team so you can move forward and create a co-parenting plan that is truly in the best interest of your children.
Parenting Plan
Family Law Manitoba states:
Family Law Manitoba states:
The Manitoba government’s For the Sake of the Children parent information program provides information to help parents develop a child–focused parenting plan.
Family Law Manitoba states:
Family Law Manitoba states:
Family Law Manitoba states:
A parenting plan is a written document that outlines how parents will raise their children after separation or divorce. A collaborative coach can help you and the other parent create a parenting plan that specifies how you want to raise you child(ren).
A parenting plan generally focuses on describing parenting arrangements such as:
- when and how much time each parent will spend with a child
- how decisions about the child are made (for example, jointly or individually but in consultation with the other parent)
- how information is shared between parents
- how other parenting issues may be addressed
A parenting plan is also a requirement to proceed in the Manitoba court if parents do not agree on parenting arrangements for their children, in which case each parent must complete one.
You may also choose to consult a family lawyer when you are developing a parenting plan. A family law lawyer can help you to understand your legal rights and responsibilities before you make the plan final.
Family Law Manitoba states:
For more information about parenting plans, including a checklist and-interactive tool to assist you in creating a plan
What is a Participation Agreement?
The success of a collaborative separation and divorce is built on the contract you and your partner sign with professionals on your Collaborative Team. These professionals may include:
- Collaborative lawyers
- Parent coach(es)
- Child specialist
- Financial specialist
These "Participation Agreements" are a critical and unique feature in collaborative divorce.
You and your partner each sign a Participation Agreement with the collaborative team you will work with. This contract maps out your path through the Collaborative Process and formalizes your commitment to Collaborative values and principles.
When you sign a Participation Agreement, you are committing to:
- Resolving issues outside court
- Communicating openly and with respect
- Keeping negotiations confidential
- Disclosing all relevant information promptly
- Not using any disclosed information against each other if you do go to court.
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