Collaborative Law (also called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) is a unique process designed to address family law issues without court intervention. The collaborative process can be used to facilitate a broad range of family issues, including but not limited to disputes between parents/family members, parenting and support concerns and pre and post marital contracts. Parties who have decided to separate or end their marriage work with their collaboratively trained lawyers and professionals (some on site) to achieve a settlement that best meets the specific needs of each party and their children without the underlying threat of contested litigation.
The underlying philosophy of Collaborative Law is that parties create a settlement unique to their needs in a respectful manner. Collaborative Law is an interest-based process. We consider the parties’ financial, emotional, and social needs and interests when working to reach the best possible settlement. In Collaborative Law the parties agree not to threaten or take a position in order to intimidate.
This is in contrast to litigation which elevates legal positions over the parties’ interests.
Both parties must voluntarily agree to enter the Collaborative Law process. The parties must obtain their own Collaboratively trained attorneys. A participation Agreement (a contract) is signed by the parties and the attorneys binding each other to work within the process. Once a lawyer has signed the Participation Agreement, that lawyer is disqualified from representing the client if the parties are unsuccessful in the Collaborative process and move into litigation.
Collaborative Law assists in establishing short and long-term goals, teaches skills to improve communication, fosters mutual respect between the parties, encourages healthy co-parenting and is often less expensive than the traditional litigation process.