By The divorce process is a difficult time for couples and the outcome can have significant financial and emotional impact. For those who are unable to reach an agreement through mediation and who don’t want to take the battle to court, Collaborative Law is a different option.
Collaborative Law, also known as collaborative practice, divorce or family law, is a legal process that enables couples who have decided to separate or end their marriage to work with their collaborative lawyers and other professionals. This is a different approach to dispute resolution and is a more peaceful, less adversarial way of resolving conflict than traditional litigation.
Lawyers who are trained in collaborative law are committed to the philosophy that a non-court settlement is more beneficial for all parties involved than litigation. They are also compelled by their training to withdraw from a case that goes to court. This is an important distinction from other lawyers who participate in dispute resolution processes and continue to litigate a case until it is settled.
The key to the collaborative process is communication. Couples and their collaborative attorneys must be open, honest and transparent in their discussions. This allows the lawyers to focus on negotiating an acceptable negotiated settlement for their clients and reduces conflict. The process is a team approach where both parties and their respective collaborative attorneys have the support of other collaborative professionals (financial specialists, family consultants, psychologists) who can assist with emotional issues, parenting, communication, etc.
During the collaboration process the lawyers for each party are required to be neutral, objective and to use problem-solving strategies rather than the aggressive tactics often used in the traditional litigation model. While this approach is not foolproof, compliance with the collaboratively made settlements and orders tend to be higher than those that emerge from litigated divorces.
Another significant difference between collaborative law and traditional litigation is the cost. The collaborative process is generally less expensive than a typical contested divorce because there are no litigation expenses. In addition, the costs of the collaborative process are shared between the parties. This helps to keep the costs down for everyone.
It is important to note that, in the collaborative process, both spouses retain their rights to litigate if they are not satisfied with the results of the negotiations. This is a crucial part of the collaborative process that must be understood and agreed to by both spouses. In the event a settlement cannot be reached, or the attorneys for both parties are unable to comply with the collaborative process terms (such as not being fully present or engaging in less than full disclosure), both attorneys must withdraw from the case and the couple will need to hire new lawyers to represent them in the traditional litigation process. This is a good reason to carefully consider all alternatives to litigation before pursuing collaborative law as your preferred dispute resolution method. Our firm is a certified collaborative law professional and can help you resolve your divorce issues through this alternative dispute resolution process.
