What is Collaborative Law, and How can it Help You Avoid Court?

What is collaborative law? 

The collaborative practice of family law is a relatively new way of resolving disputes without going to court. It is a process in which both parties work together with their attorneys to resolve the dispute. The parties agree to disclose all relevant information and negotiate in good faith. When an agreement is reached, the parties sign a contract that sets out the terms of the agreement. If the parties cannot reach an agreement, they can still go to court, but they are not allowed to use any information from the collaborative process. In addition, the parties are often under no obligation to disclose confidential information, leading to claims of “trade secrets” or “inside information.”

The purpose of the collaborative process 

The primary purpose of the collaborative process is to allow the couple to reach a settlement that meets both of their needs rather than have a judge decide what is best for them. The process typically begins with the attorneys meeting with their clients and discussing the issues that must be resolved. The attorneys and the clients then work together to develop possible solutions. When an agreement is reached, the attorneys will draft a settlement agreement submitted to a judge for approval. If there are disagreements, the attorneys will try to negotiate a resolution, but if that is not possible, the case will proceed to court.

Participants in the collaborative process

●      Parties

Most divorces and family law matters involve the spouses getting a divorce. If children are involved, then the judge and courts will ensure the interest of the minors is not compromised. The parties are responsible for reaching an agreement and settling their disputes. 

●      Attorneys 

Attorneys will represent the parties. These attorneys will represent the best interest of their clients. However, it is essential to note that these attorneys will be collaboratively trained. During the process, they will assist the parties in identifying which options would benefit their future. The other party is viewed as a partner or teammate, not as an adversary to defeat. 

●      Coaches 

As family law becomes more complex, the role of coaches in collaborative law becomes increasingly important. Coaches are not lawyers, but they play an important role in helping families resolve disputes collaboratively. They keep the process on track and make sure everyone behaves ethically. They also support the participants and can be a valuable resource for information and guidance.

●      Financial neutral advisor 

A neutral financial advisor can help the couple identify and value their assets, develop a budget, and negotiate an agreement. The advisor does not represent either party in the divorce and does not give legal advice. They are there to help the couple reach a fair and equitable agreement. 

●      Child specialist

The child specialist’s role in the collaborative practice of family law is to help the parents focus on what is best for their children and provide support and guidance throughout the process. They can help mediate discussions and provide impartial advice. In cases that have allegations of neglect or abuse, the child specialist can also work with social workers to ensure that the child’s safety is always the top priority.

Collaborative law versus mediation 

Collaborative practice of family law and mediation are two methods to resolve disputes. Collaborative law is a process in which the parties work with their attorneys to resolve. Mediation is a process in which a third party helps the parties resolve. Both methods can be effective, but there are some key differences.

The difference between collaborative law & mediation is that collaborative law involves attorneys, while mediation does not. This means that collaborative law can be more expensive than mediation since attorneys typically charge by the hour. However, collaborative law can also be more efficient than mediation since the parties work together towards a resolution.

Another key difference is that mediation is typically confidential, while collaborative law may not be confidential if the parties do not agree to keep it confidential.

How can someone find a collaborative lawyer? 

The best way to find a collaborative lawyer is to ask friends or family members for referrals or look for attorneys who advertise themselves as collaborative lawyers. One can also contact the state or local bar association for referrals. Collaborative lawyers often have a speciality area, such as child support, divorce, family law, estate planning, or lawyers for property settlement. Some lawyers specialize solely in collaborative law. Collaborative attorneys often work to bring the best possible results for their clients and do not charge a flat fee.

Conclusion

Collaborative family law practice is a unique and effective form of conflict resolution in various situations. Using a team of professionals and lawyers for property settlement to help resolve disputes, both parties can come to an agreement that benefits all involved. 

Consult an experienced attorney when considering collaborative law as an option to resolve a conflict.