|
|
Collaborative
Family Law
|
Couples
whose marriages are in trouble face many difficult decisions, all
of which have the potential for serious consequences. Some of these may be:
|
|
|
Is
this marriage worth saving? |
|
|
Will
the children be harmed? |
|
|
What
will be the ramifications of our divorce? |
|
|
How
deeply will it alter our life?
|
You may also feel:
|
|
|
Ambivalent
about ending the relationship |
|
|
You
are the most hurt, misunderstood, damaged, or least powerful person
in the relationship |
|
|
Your
partner is using the myriad of divorce counterplays as a way to stay
married |
|
|
Intimidated
by your partner in addressing and resolving complex and difficult
issues
|
|
|
We
would have a great divorce if it weren't for the other party |
|
|
The
divorce is your last chance to destroy the other party |
Now
there is a completely new way to handle legal disputes... |
Collaborative
Family Law uses lawyers, divorce coaches, child specialists and financial
consultants to solve family disputes without adversarial techniques
or tactics. It is based on principles of being proactive and seeking
to first understand, and then to be understood. It uses a cooperative
model of negotiation and neutral experts, as indicated, to resolve
conflict. |
How
Does Collaborative Family Law Work? |
As
in traditional family law/divorce cases, your lawyer supports you
and your spouse's lawyer supports your spouse. But in collaborative
family law, both lawyers must also practice collaborative law.
Collaborative
Family Law attorneys utilize an interdisciplinary network of professionals
to provide expertise and advice as needed on issues relevant to
the ultimate settlement of the case.
Before the process
begins, all the participants -- lawyers and clients -- formally
contract to work together to resolve your divorce issues. Both lawyers
pledge not to take the case to court.
To reach a settlement
using collaborative family law, the lawyers initiate four-way meetings
between themselves and their clients. When indicated, other professionals,
such as therapists and financial experts, are involved in the process.
The meetings promote improved communication and cooperation -- and
nourish an environment that fosters analysis and reasoning. This
helps generate options and creates a positive context for settlement
while giving both parties control over the outcome. The commitment
to continued cooperation -- even if communication becomes difficult
-- also increases the likelihood of a solution where everybody wins.
While no two
divorces are alike, Collaborative Family Law focuses on finding
a way in which divorce professionals can work with the parties in
a manner that will achieve a more than satisfactory settlement in
an efficient, cooperative manner. This can be achieved by having
the parties be a part of settlement conferences where the clients
meet with their divorce professionals to work on the settlement.
The interdisciplinary
network of divorce professionals are committed to finding creative
ways to achieve and implement a settlement that will be best for
the case. The philosophy of the collaborative family lawyer is to
expend as much time and energy on settlement, parenting plans, financial
analysis, and psychological counseling as is traditionally spent
in preparation for trial.
|
Advantages: |
|
|
Lower
Cost |
|
|
Client
Involvement |
|
|
Supportive
Approach |
|
|
Less
Stress Win-Win Climate |
|
|
Speed |
|
|
Creativity |
|
|
Clients
in Charge |
|
|
|
|
Collaborative
Family Law utilizes Interdisciplinary Team Members, as needed, in
a coordinated effort to assist you in reaching a timely and cost-effective
settlement of all issues. Members may include: |
|
|
Collaborative
Lawyers — provide skilled family law representation, incorporating
effective use of team members, when needed, to help resolve legal
issues. |
|
|
Financial
Consultants — gather and share pertinent financial information
which promotes informed financial decisions leading to settlement
and optimal division of assets. |
|
|
Child Specialists
— provide children with an opportunity to express their concerns
while providing parents with information to assist them in developing
a co-parenting plan and adjustment to divorce. |
|
|
Divorce Coaches
— work with divorcing couples to help defuse highly charged
emotional issues and develop co-parenting strategies and plans. |
|
|
Mediators
— provide neutral intervention to facilitate negotiations between
the parties when they might otherwise be stuck. |
Further
information on Collaborative Law:
Why
Collaborative Law?
Collaborative
Law Principles
FAQ |