Collaborative Law - What Is It?

Each person retains his/her own trained collaborative attorney to advise and assist in negotiating an agreement on all matters. The negotiations take place in "four-way" settlement meetings that the clients and attorneys attend. The attorneys and clients agree not to file anything with the court until a full settlement is reached. Resolution of the matter is the only agenda. Should the matter not be resolved, both collaborative attorneys are disqualified from further participation. Each client has legal advice and advocacy during negotiations. The attorneys guide the clients toward reasonable settlement. The legal advice is a key part of the process, but all decisions are made by the clients. The attorneys, then, prepare and process all documents required to finalize the divorce.

How Does Collaborative Family Law Work?

As in traditional family law/divorce cases, your lawyer supports you and your spouse's lawyer supports your spouse. But in collaborative family law, both lawyers must also practice collaborative law.

Collaborative Family Law attorneys utilize an interdisciplinary network of professionals to provide expertise and advice as needed on issues relevant to the ultimate settlement of the case.

Before the process begins, all the participants -- lawyers and clients -- formally contract to work together to resolve your divorce issues. Both lawyers pledge not to take the case to court.

To resolve the matter using collaborative family law, the lawyers initiate four-way meetings between themselves and their clients. When indicated, other professionals, such as counselors and financial consultants are involved in the process. The meetings promote improved communication and cooperation -- in an environment that fosters analysis and reasoning. This helps generate options and creates a positive resolution while giving both parties control over the outcome. The commitment to continue cooperation if communication becomes difficult -- also increases the likelihood of a solution where everybody wins.

While no two divorces are alike, Collaborative Family Law focuses on finding a way in which divorce professionals can work with the parties in a manner that will achieve a more than satisfactory settlement in an efficient, cooperative manner. This is achieved by having the parties be a part of conferences where the clients meet with their divorce professionals to work on the settlement.

When needed, counselors and financial consultants are available as members of the team, to assist in resolving the matter.

Principles of Collaborative Family Law:

The Attorneys...