Collaborative Law
Collaborative Law is a dispute resolution process that enables the parties to a divorce to resolve their case out of court in a respectful, private and mutually agreeable manner. The parties retain control over every aspect of their divorce, rather than surrendering it to a judge. The process allows the participants to obtain a "Good Divorce," one that takes into account the priorities of the parties and their families.
The parties each retain their own attorneys, but they agree at the outset not go to court. Instead, they set goals, gather information, and create solutions to settle the matter. The goal is to reach an agreement in a series of meetings in which the parties and their attorneys seek practical solutions their case.
The parties could be aided and advised by a team of collaborative law professionals which may include attorneys, financial consultants, mental health professionals and child care specialists.
One of the reasons why collaborative law works is that once the collaborative
participation agreement is signed by the parties and their attorneys, the
attorneys are required to withdraw from the representation if the process
fails to reach an agreement or one of the participants seeks court intervention;
collaborative law attorneys cannot their clients in court. This unique feature
creates a huge incentive for the parties and their attorneys to stay with
the process and seek creative solutions especially when the going gets a
little tough. In a litigated matter, it is easy for one or both parties to
tell the other party that they will just let the judge decide if the other
party won't agree to an offer.
The collaborative process is designed to help the parties move forward with their post-divorce lives. The entire process is designed to encourage the parties to cooperate to find solutions through mutual agreement, rather than apportioning blame.
