Collaborative Family Law Defined Collaborative Family Law is a non-adversarial process focused on getting families from dispute to resolution efficiently, and with as little financial and emotional damage as possible, while securing an agreement which addresses their common and individual interests.
Three Defining Principles of Collaborative Law Clients and attorneys agree in advance that they will not take any contested issue to court. Number One
Everyone can focus on settlement without distractions.
The team creates a “safe container” in which parties can negotiate.
Formal commitment to negotiate in good faith means more than informal agreement.
Why is this Important? In the Collaborative Process … going to court is used as a hammer to force parties to agree. In traditional litigation …
Three Defining Principles of Collaborative Law Number Two The process is “transparent.” Everyone agrees to an informal exchange of all relevant information. All experts are neutral and exempt from the court process.
All Collaborative Law clients and lawyers commit to respond truthfully to inquiries, to provide relevant information to the other side, and to correct mistakes made by either side.
Know what they have and resent having to prove what they already know through expensive discovery.
Can work together to gather the necessary information to resolve their case.
Want to spend their money on themselves and their children rather than on lawyers, so they’re willing to do homework.
Much of the work done in Collaborative cases occurs in joint meetings with both parties, both lawyers, and relevant team members present.
Three Defining Principles of Collaborative Law Number Three Agreements are made through a process of “interest-based” negotiation, where everyone involved is asked to find creative solutions that work for the family. Husband’s priorities Wife’s priorities Children’s needs Family’s future
No personal psychological or financial records go into your court file.
Most divorcing couples are kind, decent and intelligent people who want to maintain their self-respect and dignity. These are good people at the worst time in their lives. Often, they are not proud of their behavior. They would like to feel that they have treated their spouse fairly, done what was best for their children, and amicably resolved their differences.
Some things to like about Collaborative Law Efficiency and Self-Determination Most clients are used to controlling their lives and don’t like having to follow others’ rules, especially if the rules don’t make sense to them.
Clients say … They want to get through the divorce process as quickly and painlessly as possible.
Our statistics show … The average collaborative divorce is completed in 18 WEEKS ; the average litigated divorce takes 18 MONTHS .