How does the Collaborative Process Work?
Basically, the Collaborative Process consists of parties and their collaboratively trained lawyers who sign a binding agreement that they will resolve the dispute outside of court. The parties agree they will not threaten or engage in litigation while they are engaged in the collaborative process. No one forfeits their right to go to court, but if a party chooses to litigate, then the attorneys must withdraw from further representation of the parties. This creates an economic incentive to work cooperatively, as well as engage in creative problem-solving.
Unlike litigation in which negotiations are handled by the attorneys, in the collaborative process negotiations are done by the parties and facilitated by the attorneys (typically during four-way meetings). Courts are used only to file generic pleadings, final judgments, or settlements, where necessary. By focusing on settlement from the beginning, the parties avoid draining and costly court battles.
Informal Setting- Issues are resolved through informal 4-party conferences with the future well-being of you and your family as the number one goal.
Cooperative Approach- You are supported and represented by your own lawyer and you can confidently cooperate with your spouse and his/her lawyer is resolving your issues. Both attorneys are concerned about the process, as well as the outcome.
Creative Problem Solving- Team members guide you toward constructive resolutions of issues that are tailored to your family's needs. Your spouse and his/her attorney are treated as part of a settlement team, not as adversaries.
Committed Specialists- Collaborative Family Law utilizes as
Interdisciplinary Team, when indicated, is a coordinated effort to assist you in reaching a timely and cost-effective settlement of all issues. Collaborative lawyers are committed to finding constructive ways to achieve a settlement that will work best in your case. Their basic philosophy is to focus on a settlement rather than preparation for a trial.
Why Collaborative Law?
Avoid Court- The Collaborative Process focuses on a settlement without the constant threat of going to court.
Save Time and Money- The Collaborative Process is generally less time consuming and less costly than litigation.
You are In Charge- The Collaborative Process is empowering, informative, and a less stressful than trying to resolve issues through the traditional court process.