Collaborative Family Law – Description

WHAT IS COLLABORATIVE LAW?

          Collaborative Law is a process that enables parties involved in a dissolution of marriage and other family law matters, each presented by counsel, to resolve their differences in a non-adversarial setting.  The process operates in an environment grounded in good faith, cooperation, integrity, honesty and professional ethics.  The process enables the parties to avoid the parties to avoid the increasing hostility caused and encouraged by litigation and succeeds because the parties and their counsel are committed to the process and incorporate reasonableness into achieving settlement.

          “The Collaborative Family Lawyers Institute is comprised of attorneys trained in the innovative process of collaborative law.  The process provides the foundation for allowing parties to proceed through the difficult process of divorce or other conflicting family law matters without creating a hostile environment.  The result is resolution and settlement of all issues.

          We are committed to the principle that the process of dissolving marriages and resolving other family law matters should be accomplished through a non-adversarial and dignified process which enables clients to achieve a mutual agreement.

HOW DO COLLABORATIVE FAMILY LAWYERS WORK?

          The parties and their lawyers enter into a Participation Agreement wherein they agree that they will work together to achieve a satisfactory settlement in a cooperative manner.  The participants agree not to go to court and to voluntarily disclose all relevant information.  Settlement is accomplished through four-way conferences, informal discussions, mediations and other non-litigation alternatives.  Collaborative Family Lawyers expend their time and effort toward settling your case instead of preparing for and conducting a trial.  The result is less financial and emotional cost to you and your family.

WHAT HAPPENS IF SETTLEMENT CANNOT BE REACHED?

          In the event that settlement cannot be achieved through the collaborative law process or if one of the parties becomes adversarial or insists that their lawyer act in any manner inconsistent with the terms of the Participation Agreement or the principles of Collaborative Law, BOTH LAWYERS MUST WITHDRAW FROM THE CASE.  The lawyers will assist the parties to find new counsel to pursue their cases in court and will work to make a smooth transition for their clients.