Before undertaking my collaborative training, I was under the impression that the collaborative process was only suitable in situations where everyone got along and could engage respectfully at the proverbial table.
Very quickly, I learned that I was mistaken.
The collaborative process can be an ideal method for resolving matters where there is a high conflict personality involved. Rather than engage in an adversarial system that can fuel the high conflict personality type, the collaborative model engages a TEAM approach of lawyers, therapeutic support (the Family Professional) and a streamlined exchange of financial disclosure with a Financial Professional.
“Anger is a potent spice. A pinch wakes you up, too much dulls your senses.” – Harry Beltik, The Queen’s Gambit
Through extensive training, collaborative professionals are equipped at managing conflict in a fashion that allows the parties to arrive at their own solutions. Collaborative lawyers are trained to negotiate using interest-based skills which is instrumental in dealing with a high conflict personality type. For instance, rather than entrench the high conflict personality in a particular position that could pose as a roadblock to resolution, the collaborative professional uses techniques such as ‘reframing’ where the professional puts into different words what is shared by the high conflict client but takes out the negative words that might cause a defensive reaction.
Reviewing the research of highly regarded professionals, such as the great Bill Eddy, that have devoted their careers to conflict resolution has shown that high conflict personalities are more likely to accept and follow an Agreement or Plan if they feel like they had an instrumental role in the outcome. In short, high conflict personalities do not respond well to having the outcome imposed upon them, which is a key element of the court process.
The great value of the collaborative process is reflected in the upcoming changes to the Divorce Act that are expected to come into force shortly in March, 2021. One of the many revisions to the Divorce Act will include a duty on divorcing spouses to try to resolve matters outside of court through “family dispute resolution processes”, which include negotiation, mediation and collaborative family law. There are of course urgent, high conflict cases, such as in the case of family violence, that require immediate court intervention. Receiving advice from a Family Lawyer is critical in determining the best process for your case. The lawyers at Goodman Halioua LLP are certified collaborative law professionals. We would be pleased to review your case with you and explore alternative dispute resolution processes that are best suited for your matter.
