Collaborative Law
Collaborative Law is a process in which, pursuant to the participation agreement signed by the parties and counsel, the parties decide to resolve their differences outside of court through a series of meetings. These meetings are in the nature of settlement discussions, and are therefore confidential. The parties jointly decide on the use of neutral experts when they are needed.
The Collaborative Law approach to divorce has distinct advantages:
The divorce process is faster, letting you get on with life.
The divorce is completed at reduced expense.
The divorce is confidential.
The approach enhances and maintains relationships between the divorcing parties.
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The Tenets of Collaborative Law Are:
- Both parties must be represented by trained Collaborative Counsel.
- Collaborative Counsel is hired for the specific purpose of reaching a settlement without litigation.
- Although clients do not permanently give up their right to litigate, they temporarily take that option off the table.
- If the parties fail to reach a resolution, one or both may file a lawsuit. However, the collaborative lawyers must withdraw and both parties must hire new counsel. For this reason, all participants in the collaborative process have an economic and emotional incentive to make it succeed.
- The process of collaborative law begins by each signing a participation agreement, outlining roles and expectations. Clarifying the ground rules from the beginning helps keep settlement on track.
- Collaborative law proceeds though a series of four-way meetings in which clients participate equally with lawyers.
- Resolution is achieved by joint problem solving, seeking to satisfy each party's underlying interests.
- Collaborative lawyers advocate for their clients and protect their rights but also recognize the legitimate concerns of the other side.
- The parties agree to exchange voluntarily all information necessary to arrive at a resolution.
- Neutral experts that are needed are hired by the parties jointly.
- The parties agree to conduct themselves in a way that will preserve their relationship.
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Collaborative Law offers the opportunity to avoid costly litigation that may be unnecessary. |