Lynn Archbold

519-763-4748

Lawyer

info@archboldlaw.com

Question

Collaborative Law

Mediation Services

Collaborative Law

& Mediation Services

Lynn Archbold is a member in good standing with the Collaborative Lawyers Association of Waterloo (“CLAW”) and has been for many years. A “collaborative” approach is different. As stated in CLAW guide:

The goal of the Collaborative Family Law process is to resolve all issues relating to separation and divorce in a non-adversarial manner, without going to court.

 

As of January 1, 2015, Lynn Archbold is pleased to introduce mediation services to her practice.  Lynn Archbold has recently completed her accreditation through York University in Family Mediation and is an Associate Member of the Ontario Association for Family Mediation.

Is it adversarial?

 

Is it voluntary or compulsory?

 

Do I sign a contract for services

 

 

 

 

If the process fails, do I have to hire a new lawyer?

 

Do we each have our own lawyer?

 

 

 

Do we have to exchange financial information?

 

 

Can I switch to this process if we are already in court?

 

Can I go to court?

 

 

 

 

Do we meet all at once?

 

 

What is the overall purpose of this process?

 

 

 

 

 

What happens once we have reached a successful resolution of the issues?

 

 

 

How is the process concluded?

 

 

 

 

 

 

 

What’s the difference between a mediator who is not a lawyer and one who is?

 

 

 

 

 

Are there any court papers during this process?

 

How long does the process take?

 

 

 

 

 

 

 

 

Is there a cost savings between the processes?

No

 

Voluntary

 

Yes – the Participation Agreement is signed by both clients and their lawyers and sets out everyone’s’ roles and rules of conduct

 

Yes, if desired

 

 

Yes and must be certified as a Collaborative Law Lawyer

 

 

Yes

 

 

 

No

 

 

Yes, under the terms of the contract, the process would end at the request of one of the participating parties

 

Yes

 

 

Working as a collective and a team effort for the mutual interests of the parties. There is an exchange of suggestions, ideas, getting immediate feedback from the other parties

 

Everyone works together to finalize a Separation Agreement which is usually drafted by one lawyer with the collaboration of the other lawyer’s input

 

If the parties come to a mutually acceptable agreement through negotiations, a Separation Agreement is signed. If desired, the parties can then proceed to obtain a simple, uncontested or joint application for divorce

 

Not applicable

 

 

 

 

 

 

 

No

 

 

Each family is different therefore each process timeline is different.

It comes down to the level of cooperation of all involved.

Lynn Archbold aims to complete the process in the least amount of meetings. An average range is 2 – 4 meetings to completion.

 

The more co-operative and non-adversarial the parties are, the higher degree of information exchanged, the more cost efficient this process becomes

No

 

Voluntary

 

Yes, a contract of services signed by both parties

 

 

 

Yes, if desired

 

 

No – Lynn Archbold would act as mediator for both parties

 

 

Optional but it is recommended that you do to avoid future problems or potential litigation

 

Yes

 

 

Yes

 

 

 

 

Yes and no – can meet together or separately with the mediator

 

The mediator aims to find the common ground between the parties, makes recommendations and suggestions, considering various options

 

 

Lynn Archbold drafts the Separation Agreement and both parties will need to each obtain independent legal advice on the agreement from another lawyer

 

Same

 

 

 

 

 

 

 

A lawyer will be familiar with the legal aspects of the issues and will be able to draft a binding Separation Agreement. A non-lawyer mediator may ask you to have an Agreement drafted by a lawyer and obtain legal advice

 

No

 

 

Each family is different therefore each process timeline is different.

It comes down to the level of cooperation of all involved.

Lynn Archbold aims to complete the process in the least amount of meetings. An average range is 2 – 4 meetings to completion.

 

Same

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