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Collaborative law is a process in which
parties to a divorce commit themselves to resolving the issues and disputes of their case
equitably and in good faith, without resort or threat of resort to the courts. And
importantly, while each side is represented by counsel, the attorneys pledge that they
will not institute or participate in court proceedings. Thus, an important hallmark
of the collaborative law process is that agreement is reached through discussion and
negotiation, without the cost, aggravation and uncertainty of adversarial litigation in
court. Like mediation, collaborative law seeks to avoid
the adversarial process - i.e. court battles and formal litigation through good
faith negotiation. Divorce mediation, however, is conducted by a neutral mediator,
and parties typically are not represented by their own attorney. (Although
“consulting attorneys” may be retained during mediation, these lawyers do not
participate in the parties’ negotiation, and many parties shy at the additional
cost.) By contrast, in a collaborative law negotiation, each party is
protected by having his or her own counsel involved throughout the process. There is
no mediator; rather, the negotiations are conducted with full participation of the
parties’ attorneys.
Collaborative law differs from the traditional divorce process
because of the absolute commitment of the parties and their attorneys to resolve disputes
without resort to court or formal litigation. The collaborative law attorney commits
to guide the process to settlement or withdraw from further participation.
When successful, this results in a substantial savings of time and legal expense to the
family, as well as a reduction in stress. It also allows parties to end their
relationships with greater privacy and dignity, and often results in win-win solutions not
available in court. In a collaborative law divorce, a respectful , creative effort
to meet the legitimate needs of both sides replaces tactical bargaining backed by threats
of litigation.
After open and good faith disclosure of all pertinent
information, each party meets with his/her lawyer to review and analyze the facts and law
applicable to their case; then through informal discussions and conferences with the other
side, agreements are worked out. Where positions differ, all participants use their
best efforts to craft new proposals and, where appropriate, to compromise in order to
reach a fair settlement that will meet the needs of both sides.
Collaborative law embraces a coordinated team
approach to problem solving. Often, due to the emotional difficulties
experienced in a divorce and/or the complexity of tax, financial,
custody or other issues, it is necessary or useful to consult other
professionals to assist in the settlement process. Psychologists
and counselors may be consulted to help defuse highly charged issues
and to assist in identifying and resolving child custody or parenting
issues. CPAs, financial planners or other financial experts
may be utilized as appropriate.
Again, the goal is to find the most affordable and effective way
for parties to proceed to a fair settlement.
If you are interested in the Collaborative
law process to resolve your divorce or other family law dispute,
we will gladly provide the names of other attorneys familiar with
collaborative law for consideration by your spouse. We will
also work with any other attorney interested in this process.
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