Collaborative Law

Collaborative Law is an alternative process to the traditional litigation model for divorcing couples who prefer to maintain decision-making control over their lives as opposed to going to court and asking a judge to decide the issues regarding their child(ren) and the division of their assets and debts. Both parties and their attorneys commit to resolve their differences without resort to litigation or the threat of litigation. The issues are resolved by carefully determining the needs and interests of each party. Collaborative attorneys are specially trained in the collaborative process. They assist the parties in negotiating solutions to their legal problems, advise and educate their client as to legal issues and agree to not take the case to court. Issues are resolved in a series of four-way meetings.

• Both parties must retain attorneys who are collaborative lawyers and are trained in the process.
• Both parties and their attorneys commit to the collaborative process and commit to resolving the issues without going to court by signing a sign a participation agreement. If agreements are unable to be reached in the four-way sessions regarding specific issues, professionals trained in that area and trained in collaborative process are retained to educate the parties and assist in resolving the issues. Examples include a child expert should visitation issues arise or an accountant if financial issues are at issue.
• Both parties agree to fully disclose all documents and information and to participate in good faith.
• Both parties agree to work towards settlement and to be prepared at all four-way meetings.
• A Petition for Dissolution of Marriage is filed either before the process is started or at some agreed upon time during the process. Ultimately an Agreed Decree of Dissolution of Marriage is entered.
• If a final agreement is not reached (or if either party seeks court intervention) the collaborative attorneys withdraw, both parties retain new lawyers and proceed to court for trial.

• The process is grounded in interest-based negotiating. Parties express themselves in terms of needs and interests rather than outcomes.
• Both parties sign an agreement requiring full disclosure of all documents and information related to the issues.

• Control over the outcome. No decisions are binding until both parties agree.
• Agreements are specifically tailored to your and your child(ren)’s specific needs.
• Control over the length of time it takes and over the expenses incurred.
• Usually quicker than traditional litigation.
• Creative agreements can be reached that a judge would not order on his/her own. Rather than negotiating based on what a judge would do, the parties and collaborative attorneys focus on the parties’ interests and how to obtain the best possible resolution for the individuals involved.

To learn more about collaborative law, visit www.yourdivorcechoice.com and www.collaborativepractice.com,and call our office to schedule an appointment.