Introduction:
Collaborative Family Law is an increasingly used approach to resolving separation and divorce matters in Alberta. In today’s blog, Peter Graburn, senior family lawyer at Shim Law, explains what collaborative family law is, how it works, and when it
may, and may not, be an appropriate option for separating families.
Separation and divorce can be difficult. Beyond the legal issues, families are often required to address emotional, parenting, and financial concerns all at once. For many, the traditional adversarial court process only adds to that stress. Collaborative Family Law offers an alternative — one that focuses on problem-solving, transparency, and cooperation rather than litigation.
Table of Contents
What Is Collaborative Family Law?
Collaborative Family Law is an integrated, cross-disciplinary process designed to help families resolve separation and divorce issues outside of Court. Rather than positioning the parties against one another, the process brings together a team of professionals who work collaboratively to help the family reach a durable and respectful resolution.
In Alberta, collaborative family law typically involves each party retaining their own collaboratively trained lawyer. Those lawyers may then coordinate with other professionals, depending on the needs of the family. These professionals can
include financial planners, psychologists, communication coaches, and child specialists. Everyone involved works together as a team, with the shared goal of de-escalating conflict and assisting the family in restructuring in a positive and forward- looking manner.
A Transparent, Good-Faith Process
One of the defining features of collaborative family law is its commitment to transparency. The process encourages — and in practice requires — full and open disclosure between the parties. This openness allows negotiations to be conducted
fairly, reasonably, and in good faith, without the strategic withholding of information that can undermine trust and prolong disputes.
Collaborative family law is conducted entirely outside of Court. It relies on honest communication, joint problem-solving, and a willingness by both parties to engage meaningfully in the process. Each lawyer remains independent and represents only their own client, but all participants commit to working cooperatively toward settlement rather than positioning for litigation.
The Participation Agreement
At the outset of the process, the parties and their lawyers sign a binding participation agreement. This agreement defines the scope and sole purpose of the lawyers’ involvement: to assist the parties in reaching a negotiated resolution using creative problem-solving, conflict-resolution techniques, and principled negotiation.
A critical component of this agreement is the commitment not to threaten or pursue litigation as a negotiation tactic. The process is built on trust. If either party decides to withdraw from the collaborative process and commence litigation, both
collaborative lawyers must withdraw and cannot continue to act for the parties in Court. This requirement reinforces the parties’ shared investment in resolving the matter collaboratively and discourages strategic brinkmanship.
Who Is Collaborative Family Law For?
Collaborative family law can be particularly effective for parties who wish to maintain a working relationship after separation, especially where children are involved. It allows parents to address parenting arrangements, financial support, and property division in a structured but non-adversarial environment.
That said, collaborative family law is not appropriate in every case. Situations involving severe power imbalances, ongoing family violence, or a lack of willingness to engage transparently may require different approaches. As with all family law
processes, careful assessment at the outset is essential.
Outcomes and Legal Effect
When an agreement is reached through the collaborative family law process — whether a separation agreement, parenting agreement, or support arrangement — it becomes a legally binding contract. Once properly executed, these agreements are enforceable and provide the parties with certainty and finality, without the need for Court-imposed outcomes.
Final Thoughts
Collaborative Family Law offers separating families in Alberta a thoughtful and structured alternative to litigation. By focusing on cooperation, transparency, and interdisciplinary support, the process can reduce conflict and help families move forward in a more constructive way.
While it is not a solution for every situation, collaborative family law remains a valuable option for those willing to commit to good-faith negotiation and shared problem-solving. For many families, it provides a path to resolution that aligns more closely with their long-term interests — particularly where children and ongoing relationships are concerned.
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