Collaborative Law is a cooperative process aimed at safeguarding the emotional and financial well-being of the family while settling a divorce without courtroom proceedings. This process emphasizes cooperation and open communication between the parties involved, fostering a non-adversarial environment with the goal of reaching mutually agreeable solutions.
Key features of collaborative law include:
Voluntary Participation
All parties involved voluntarily choose to participate in the collaborative law process, and each party must be represented by an attorney. This commitment encourages a cooperative atmosphere and enhances the likelihood of reaching an amicable resolution.
No Court Intervention
A distinctive aspect of collaborative law is the commitment to resolving disputes without court intervention. The parties and their attorneys sign a participation agreement – a contract agreeing not to take the case to court. If an agreement cannot be reached, and litigation becomes necessary, both attorneys must withdraw, and new legal representation must be sought.
Confidentiality
Collaborative law sessions are conducted in a confidential setting, promoting a safe space for open discussions. This confidentiality encourages parties to freely express their concerns and work towards resolution without fear of statements being used against them in court.
Open Communication
The process encourages open and transparent communication. Parties engage in face-to-face discussions and negotiations, promoting a constructive dialogue to identify and address the underlying issues.
Problem-Solving Focus
Collaborative law prioritizes creative problem-solving over adversarial tactics. The emphasis is on finding mutually beneficial solutions that meet the interests and needs of both parties and the children, rather than pursuing a win-lose scenario in court.
Team Approach
If the parties agree, this process can sometimes involve a team of professionals, including attorneys for each party, mental health professionals, and financial experts. The collaborative team works together to address legal, emotional, and financial aspects of the dispute.
Emphasis on Interdisciplinary Collaboration
The inclusion of mental health professionals and financial experts in the collaborative team allows for a comprehensive approach. Mental health professionals help manage emotions and facilitate communication, while financial experts assist in financial planning and asset division.
Collaborative law provides a constructive and client-centered alternative to traditional litigation, allowing parties to maintain more control over the outcome of their case. It is particularly beneficial in cases where preserving relationships, such as co-parenting arrangements, is a priority. The collaborative law process can result in more customized and durable agreements, fostering a positive foundation for post-dispute relationships.
