What is Collaborative Law?
Collaboration is essentially the same as Cooperation. Both parties and their lawyers cooperate instead of fight.
Couples traditionally retained lawyers who are trained to use an adversarial approach to win at any cost. They went to war on behalf of their client and the casualties are the children, as well as the divorcing parents. This is hugely expensive and emotionally devastating. In the end the only winners are the lawyers who are getting rich off people who insist on battling in court.
Lawyers now offer a collaborative process where they pledge to work as a group. The two lawyers and the divorcing couple all work together to negotiate a reasonable, fair and equitable solution without the warfare, the games and the extremely high costs of court trials. The process uses informal discussions and conferences to settle all issues.
Confrontation is set aside and the process works through cooperation and negotiation. The divorcing couple provide the facts, the financial information and suggest solutions they can live with. The lawyers work with what you provide them.
You, your spouse and both collaborative lawyers sign a contract agreeing not to go to court.
Both lawyers will help you and your spouse to reach a settlement which is acceptable to both parties. You may not get everything you want, but if you are honest, you will see that collaborative law will probably will get the best settlement for both parties.
This is preferable to letting a stranger, who knows nothing about you, determine how your children will be raised, your assets divided and in a real sense how you will live the rest of your life. That stranger is, of course, a judge who has nothing but some documents before him to make decisions affecting the rest of your life.
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The Advantages of Collaborative Law
- Dollar Cost: A full blown divorce trial can easily cost $50,000. Collaborative Law costs will be a tiny fraction of that amount
- Emotional Cost: You will carry fewer emotional scars if you collaborate with your spouse instead of going to war in the usual divorce nightmare.
- The process takes much less time than a protracted court battle.
Why should you use the Collaborative Family Law Process?
- Both parties will have skilled legal advisors who understand how to reach a reasonable and appropriate settlement.
- You are not alone. Your collaborative lawyer will work with you throughout explaining, coaching,and guiding you to the optimum settlement through mutual participation and agreement.
- All parties agree in advance to work only toward a settlement acceptable to both clients.
- Litigation is not permitted and all parties contract up front not to go court.
- You and your spouse will not be permitted to play games or take advantage of each other.
- All parties have a huge financial incentive to make the Collaborative Family Law Process work. The collaborative lawyers are"out of a job" if the process breaks down.
- Clients and collaborative lawyers work together seeking a settlement rather than working against each other as "opposing parties"
- Collaborative lawyers have training in ADR, Mediation, Negotiation and the Collaborative Family Law Process.
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What Will Your Collaborative Lawyer Do? Your collaborative lawyer will:
- Advise you on the law.
- Discuss fees with you.
- Represent your interests, but will also listen to your spouse's interests.
- Your spouse's collaborative lawyer will represent your spouse's interests, but will also listen to you.
Both Lawyers working together with you will
- Guide the Collaborative Family Law meetings.
- Be honest and respectful.
- Cooperate in sharing all factual information.
- Use clear language when speaking and writing.
- Manage emotional situations.
- Point out unreasonable expectations.
- Work hard to help you and your spouse reach an agreement.
- Will help you to obtain any necessary court approval once your agreements are in place.
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Is the Collaborative Family Law Process For You and Your Spouse?
Both parties must be willing to
- act like adults throughout
- behave in a respectful, ethical manner to each other in working out the terms of your divorce.
- reach a negotiated solution that meets your needs now and in the future.
- commit your energy toward creative problem solving rather than blaming and revenge.
The Collaborative Family Law Process offers you:
- Far lower costs in money and time than traditional separation and divorces.
- A mutually satisfying agreement which you can live with.
- A far less painful resolution of your divorce or separation problems.
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