Guidelines for The Association of Collaborative Family Lawyers
(Medicine Hat)

These are the guidelines for the members of the Association of Collaborative Family Lawyers (Medicine Hat). These guidelines outline the Collaborative Family Law Process each of us will follow. This is very important because each member needs to know that:

• · every Collaborative Family Law client will receive the same information about the Collaborative Family Law Process; and
• · all member lawyers are following the same Collaborative Family Law Process.

We recognize that in some circumstances it may not be possible to follow these guidelines exactly, but all members agree to abide by the spirit of these guidelines.

A. Initial interview with client:

1. Explain the 3 process options:
   a) Collaborative Family Law Process;
   b) Mediation Process; or
   c) Court Process - Litigation.


2. Explain the Collaborative Family Law Process:
   1. Review the Association's form of Collaborative Family Law
      Contract;
   2. Tell client the goals of the Collaborative Family Law Process:
      · Create a safe environment;
      · Communicate effectively;
      · Provide full disclosure of facts;
      · Explore wide range of possible choices;
      · Reach solutions acceptable to both clients;
   3. Confirm your client wishes to use the Collaborative Family Law
      Process.

B. Preparing a client for a first four way meeting:

1. Review the Collaborative Family Law Process with the client again.
2. Review the Collaborative Family Law Contract with the client again.
3. Explain how lawyers can be expected to act and of what is expected of clients.
4. Review the needs of client and those expected of the other client, both substantive and procedural.
5. Identify any pressing needs.
6. Help client identify specific needs, interest, priorities, goals and motivations for presentation to the other client.
7. Tell clients at first 4-way meeting you will:
   1. Identify issues;
   2. Exchange facts;
   3. Deal with any pressing issues; and
   4. Establish agenda for next meeting.
   5. Encourage client to delay developing or promoting specific positions
      until all of the facts have been shared and all options explored at
      4-way meeting.
8. Remind client not to negotiate prematurely.
9. Identify issues and ask client to gather disclosure for first 4-way meeting.
10. Give client CFL Folder and request client keep updated and bring to all meetings.

C. Meet with other lawyer prior to the first four way meeting to:

1. Agree on location, seating and facility arrangements most likely to be
   effective in light of clients' needs.
2. Exchange anticipated client interests and needs.
3. Identify expected issues and of areas of agreement.
4. Identify pressing issues.
5. Agree on any procedures needed to accommodate client concerns
6. Agree on agenda and mutual goals for first session, ensuring pressing needs are addressed.
7. Commit to bringing as much disclosure to first meeting as available.

D. At a first 4-way meeting:

1. Review and commit to Collaborative Family Law Process:
   1. Introduce yourself;
   2. Review commitment to Collaborative Family Law Process;
   3. Demonstrate interest and concern for the other client's
      interests and feelings;
   4. Sign the Collaborative Family Law Contract;
   5. Identify and agree on any further ground rules needed
      by your client and the other client;
   6. Identify clients' mutual interests, for example:
      · children's welfare;
      · safety;
      · need to be heard and understood;
      · protection from unilateral actions;
      · cost;
      · time; and
      · privacy.
2. Identify the issues and all areas of agreement:
   1. Assisting your own client to effectively communicate his/her goals, interests and needs
   2. Reframe where necessary;
   3. Listen actively so both clients know they are heard and
      understood;
   4. Note disagreements as issues to be addressed;
   5. Normalize existence of disagreements;
   6. Identify any pressing issues.
3. Attend to Pressing Issues:
   1. Reach short term, interim agreements without prejudice to either client for future negotiation:

   · Identify the issues as narrowly as possible;
   · Obtain all readily available facts;
   · Identify the underlying interests;
   · Generate the most options in the time available;
   · Choose the best option.

4. Organize Information
   1. Exchange information clients have brought to meeting;
   2. Identify further facts or documents needed for future meetings;
   3. Decide who will gather the information needed.
5. Discuss agenda for next 4-way meeting.

E. The First and Further 4?way meetings:

1. Identify the interests and needs behind the issues for both clients.
2. Assist clients to understand the interests and needs of the other client:
   1. both lawyers help both clients to effectively communicate their own needs, motivations, goals and intentions and to understand these things about the other client;
   2. Identify common interests.
   3. Exchange information until both clients are satisfied they have enough information to begin to look at choices.
   4. Generate as wide a range of choices as possible to respond to each client's interests and goals.
      1. Refrain from rejecting possible options prematurely;
      2. Review the law as one source of an objective, reasonable range of outcomes;
      3. Recognize that the law has limited scope and flexibility and represents only some of many possible outcomes and may not generate the best outcome for the clients;
      4. Identify limiting factors beyond the control of the clients;
      5. Review the clients' and the lawyers' own creative options.
3. Examine possible consequences for each client
4. Select the outcome which best meets the needs of both clients and
   is acceptable to both clients.

F. Communicate with the other lawyer:

1. Both before and after each 4?way meeting.
2. Evaluate the previous session.
3. Plan how to improve the next meeting.
4. About other meetings you have had with your client.

G. If an agreement is reached Collaborative Family Lawyers may assist the clients by:

1. Drafting and signing settlement agreements.
2. Implementing those settlement agreements in court proceedings
   on a consent basis only.
   

H. The Collaborative Family Law Lawyer may not go to court.

At no time in a Collaborative Family Law Process should the lawyer allow herself/himself to appear in court or to initiate court proceedings for her/his client. However, the Collaborative Family Law lawyer may be solicitor of record for the client only for the purpose of:

• processing the divorce in court with a divorce application;
• implementing the settlement agreement reached in the Collaborative Family Law Process.

I. If a lawyer is solicitor of record on a matter which the client wishes to switch to a Collaborative Family Law Process retainer.

The lawyer may remain solicitor of record for the client but may take no further steps in the court process for the client except as set out in G and H above.