Divorce Help 101
Collaborative Law
In the area of alternative dispute resolution, nothing comes close to offering the possibilities that are afforded the parties through collaborative law. Instead of using a conflict based model, or “me” against “you” the model is “us” against “the problem.” However, before you get too overly excited, it is important to understand that not every case is appropriate for this dispute resolution method.
Collaborative law requires that the parties, from the outset sign an agreement where they each agree not to pursue the case through litigation, rather agreeing to work between themselves with the assistance of their collaboratively trained attorneys to resolve their differences.
Understand that this does not mean that the parties can never pursue their case through litigation, but it means that once the collaborative process has begun, neither party will threaten to or actually file a contested action. If they do, the collaborative attorneys in the case must withdraw, as must all other professionals working on the case, and the parties will have to obtain new trial counsel.
In the collaborative process, once the collaborative agreement to begin is signed, the attorneys will generally contact each other and do an overview assessment of the case. This will allow the attorneys to better understand the issues and the case so as to better help their clients. Following this, the parties and their attorneys will meet together in a joint or collaborative fashion and they begin to work on the issues. This is called a 4-way meeting. The attorneys are there to represent their clients and to also facilitate resolution. The case is addressed in a series of these meetings where the issues are identified and addressed one at a time with the focus to be creative problem solving. If assistance is needed in other areas, the parties may bring in a joint financial advisor, mental health professionals or even divorce coaches.
By working together in a non-adversarial fashion the parties are able to focus on the issues in a results oriented fashion which is to everyone’s benefit. This is not to say that the entire process will be simple and uncomplicated. It may be frustrating and challenging, but with experienced collaborative attorneys assisting and representing the parties, the chances of success are increased.
The great thing about collaborative law is that other options such as mediation, and even trial, are available for use in the process if the need arises. However, if the collaborative process is started, it should not be used simply in passing, but rather as the primary option for resolution.
Collaborative law generally can only be practiced by attorneys who are trained in the process – be wary of attorneys who claim to be collaborative attorneys, but have not been trained in the process. Collaborative training generally also includes a prerequisite of mediation training or some other exposure to other forms of alternative dispute resolution.
Collaborative law requires a paradigm shift from that of fighting to one of cooperation. If the facts of a case require that the parties immediately go to Court or if there are extremely emotionally charged issues such as adultery or physically cruelty or if there are drugs allegations present, collaborative law likely will not work. However in most cases other than this where the parties have a genuine desire to resolve their case, collaborative law provides a wealth of opportunities for parties to a divorce.
Disclaimer
Collaborative law requires that the parties, from the outset sign an agreement where they each agree not to pursue the case through litigation, rather agreeing to work between themselves with the assistance of their collaboratively trained attorneys to resolve their differences.
Understand that this does not mean that the parties can never pursue their case through litigation, but it means that once the collaborative process has begun, neither party will threaten to or actually file a contested action. If they do, the collaborative attorneys in the case must withdraw, as must all other professionals working on the case, and the parties will have to obtain new trial counsel.
In the collaborative process, once the collaborative agreement to begin is signed, the attorneys will generally contact each other and do an overview assessment of the case. This will allow the attorneys to better understand the issues and the case so as to better help their clients. Following this, the parties and their attorneys will meet together in a joint or collaborative fashion and they begin to work on the issues. This is called a 4-way meeting. The attorneys are there to represent their clients and to also facilitate resolution. The case is addressed in a series of these meetings where the issues are identified and addressed one at a time with the focus to be creative problem solving. If assistance is needed in other areas, the parties may bring in a joint financial advisor, mental health professionals or even divorce coaches.
By working together in a non-adversarial fashion the parties are able to focus on the issues in a results oriented fashion which is to everyone’s benefit. This is not to say that the entire process will be simple and uncomplicated. It may be frustrating and challenging, but with experienced collaborative attorneys assisting and representing the parties, the chances of success are increased.
The great thing about collaborative law is that other options such as mediation, and even trial, are available for use in the process if the need arises. However, if the collaborative process is started, it should not be used simply in passing, but rather as the primary option for resolution.
Collaborative law generally can only be practiced by attorneys who are trained in the process – be wary of attorneys who claim to be collaborative attorneys, but have not been trained in the process. Collaborative training generally also includes a prerequisite of mediation training or some other exposure to other forms of alternative dispute resolution.
Collaborative law requires a paradigm shift from that of fighting to one of cooperation. If the facts of a case require that the parties immediately go to Court or if there are extremely emotionally charged issues such as adultery or physically cruelty or if there are drugs allegations present, collaborative law likely will not work. However in most cases other than this where the parties have a genuine desire to resolve their case, collaborative law provides a wealth of opportunities for parties to a divorce.
Disclaimer
