Saint Johns County Collaborative Family Law Group


	Click for Printable Brochure Collaborative Law Frequently Asked Questions What kinds of problems are resolved by the Collaborative Law Process?

		Collaborative law can help clients find solutions to all the problems relating to divorce - emotional, financial, and legal
	How does Collaborative Law work?
		Collaborative law uses informal discovery. Instead of asking the judge to compel the parties to disclose their finances, they agree to voluntarily produce all financial documents. Instead of taking depositions, they engage in four-way conferences and negotiation. Instead of hiring individual accountants and psychologists, they agree on one accountant or psychologist where needed. All the professionals work together to reach the best possible result for the parties and their children.
	How is Collaborative Law different from Mediation?

		Mediation requires the use of a neutral third party to facilitate the negotiation and settle the dispute between the parties. Parties can always walk out of mediation and proceed to litigate. In collaborative law cases, attorneys, and client talk and negotiate without the assistance of a neutral third party, unless they find that such an intervention is needed.
	My spouse is so argumentative, how could we go through a Collaborative Divorce?
		The counselors, financial advisors, child counselors and attorneys are all trained to help as needed. They help the clients gains the perspective to use constructive communication and find constructive solutions to differences.
	Why is it so important that my Collaborative Attorney cannot continue to represent me if we go to court?
		When attorneys know that they might end up in trail, they may be cautious about voluntarily talking about certain facts, authoritative law, and strategy. The attorney has a duty to advocate their client's perception of the facts. This is why trial is so emotionally and financially exhausting for the parties. Trial is a stage for the attorneys, not for the people who are going through the most traumatic event of their lives. Whenever you take away an attorney's ability to go to trial, he or she can only "win" by resolving the problem fairly and reasonably out of court.
	How can an attorney represent a client zealously if it is agreed in advance not to go to court?
		By entering into a Collaborative Law Participation Agreement, the attorneys and their clients agree that the attorney's role is to provide representation for settlement purposes only. The attorney does not give up the role of zealous advocate for the client. Only, the arena changes, but the attorney works zealously with all involved to reach a fair settlement.
	What rights do I lose when I sign a Participation Agreement?
		You lose the right to waste money and the right to unconsciously harm your children as they watch their parents fight with each other.
	What if my spouse has already filed a Petition for Dissolution of Marriage? Can we still use this process?
		Yes. If the parties and their attorneys agree, although it is best if your spouse dismisses the action, the action can be abated (put on hold) while you and your spouse work collaboratively toward settlement.
	Does every case require the use of counselors and accountants?
		Financial assistance, coaches, and child counselors are members of the Group at your disposal as needed.
	What are the roles of the other professionals in the group?
		Financial experts are on hand to assist the parties and their attorneys in understanding the finances of the parties and in determining the values of the parties' assets, where needed. Coaches/Counselors are available for emotional support of the parties as needed. Child psychologists are available to help parties develop Parenting Plans that will work in their particular situation, as needed.
	Will it cost more to involve all these professionals?
		The cost depends on the complexity of the divorce case. In Collaborative Law, the conflict is contained and all involved work toward a solution. Most important, the client retains control of his/her life. The client makes the decisions, not a judge. The process is private and confidential. The client reduces future hostility that may build up into an expensive court battle. In the end the clients are much more likely to keep the agreement that they have carefully created with the assistance of their attorneys.
	What happens if the process does not seem to work in our case?
		You can withdraw from the process at any time and file with the court. Your attorneys withdraw from the case and the parties are free to retain new attorneys to go to court. However, the professionals will encourage you to persevere, because the alternative usually does not work as well as Collaborative Law.
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