Collaborative Law is a alternative dispute resolution process in which both parties and their collaboratively-trained counsel commit themselves to resolving their issues out of court through a series of four-way meetings. While the collaborative process is similar to the negotiated settlement model of dispute resolution, it is unique in several ways. Most significantly, clients in the collaborative law process must sign a collaborative participation agreement in which they agree that they will not litigate their dispute. In the event that the collaborative process breaks down and the parties are forced to litigate, both parties must find and hire new attorneys.
This can be beneficial to you as an individual because it can help you avoid uncertainties in court. Time frames may also be different with collaborative law or collaborative divorce, which will allow easier to manage time frames rather than dealing with strict deadlines imposed by the court system..
Many family issues can be approached during a collaborative law effort, including but not limited to: parental disputes, post-marital agreements, prenuptial agreements, and more. Financial issues may also be approached during collaborative law, including but not limited to equitable distribution of property, determination and tracing of separate property, allocation of debt, spousal support, child support, counsel fees, expert fees.
Collaborative attorneys often recommend using third party neutrals to assist in settlement. These professionals meet with the parties and attend meetings as needed. We may bring in a financial neutral to help with support calculations and negotiations, prepare a business valuation or aide in asset or debt distribution. In collaborative custody cases, the lawyers often recommend bringing in a child specialist with a mental health background who can assist in negotiating a developmentally appropriate parenting schedule.
Collaborative law is becoming a popular alternative to litigation. This process involves neutral parties which can help to break down communication barriers to make fair and just statements on your behalf. This helps to manage conflict, regardless of emotional connection, in a more efficient manner.
Contact us today if you are interested in beginning a collaborative divorce.