WHAT IS COLLABORATIVE FAMILY LAW?

Resolving family-related issues can be emotionally and financially draining.  Collaborative family law offers an alternative to litigated and often contentious disagreements surrounding family-related issues.  But what is it?

The collaborative process involves just that, collaboration. The parties and their attorneys work together instead of against on another. Everyone meets to engage in non-confrontational sessions to discuss the issues and goals of the involved individuals. The issues may include, but are not limited to, divorce, support of a spouse or children, how to divide the marital assets and co-parenting plans.

The collaborative process empowers individuals and involves them directly in reaching a negotiated settlement through a series of four-party conferences.  Individuals still retain separate attorneys in a collaborative case.  One of the major differences from the adversarial process is that the parties and their attorneys agree that if they are unable to resolve their issues through negotiation, they will not resort to the litigation process with the same attorneys they used for the collaborative process.

The attorneys work together and listen to both spouses. Everyone becomes a team focused on the same goal, a negotiated resolution.  Even with this team approach, each individual can also feel confident that his or her attorney represents only him or her.  Individuals can rely on their attorneys for advice and guidance with the assurance that the attorneys are also working toward a single goal – a negotiated resolution.

Collaborative attorneys have specialized training and assist the parties in defining their issues, gathering the information needed and offering creative solutions.  The collaborative process usually results in a quicker resolution than the litigated alternative and can be less costly. 

Everyone commits to good faith negotiation in a respectful and constructive manner. The parties and their attorneys also commit to full disclosure. If the parties successfully negotiate a resolution, it is reduced to an enforceable written contract.

The collaborative process can help the parties maintain a cordial relationship once the divorce and/or other issues have concluded.  This is especially important when there are children involved.  Children learn how to conduct themselves primarily by watching their adult role models, especially their parents.  Demonstrating to your children that adults can address tough problems with respect and dignity to reach a negotiated resolution is an invaluable lesson for them.  The process is usually less stressful and much more informative for the parties and their attorneys than the litigated alternative.

If you are in need of assistance in dealing with family-related issues, including separation or divorce, you should carefully consider the process by which you will resolve all the issues that will arise and whether the collaborative process can meet your needs.  The way in which you deal with these difficult situations may impact you and your family more significantly than you can imagine. 

Resolving family-related issues does not have to be a battle.  Individuals who take advantage of a collaborative approach will still have their differences, but they can work together in a respectful setting to resolve those differences.  When the issues are resolved, the family may have taken on a different form, but the family ties will always remain.