FREQUENTLY ASKED QUESTIONS ABOUT COLLABORATIVE FAMILY LAW

What is collaborative family law?

Collaborative family law is a process designed to resolve conflicts using negotiation.  Each party in the dispute is represented by an attorney who has been trained in the collaborative process.  The only goal of both the parties and the attorneys is to reach an agreement that addresses both parties’ needs and interests.  In collaborative family law, the parties and  their attorneys agree to resolve the conflict without going to court, which keeps the parties in complete control of the outcome.

How is collaborative family law different from divorce litigation?

One of the basic ideas behind the collaborative process is for the parties to retain control of the outcome; everyone involved agrees to resolve the conflict without going to court.  Litigation, on the other hand, is based on preparing for, presenting evidence to and arguing each side of the case before the court. The court decides the case. The litigated outcome may be unsatisfactory to one or both of the parties. In litigation, the parties relinquish control of the decision-making process to the court system.

How is collaborative law different from mediation?

Collaborative law involves a series of four-party conferences with both parties and their attorneys to discuss the issues identified as important by the parties.  The attorneys help to guide the discussion, demonstrate and teach communication techniques and give legal advice to their clients.  In mediation, the individuals meet with a neutral third person (the mediator) who has specialized training in conflict resolution, who facilitates a discussion between the parties with the goal of having them resolve their conflict.  Although the mediator may be an attorney, he or she does not represent either party and does not give legal advice.  The parties are usually represented by attorneys outside the mediation process who give them legal advice.  The parties’ attorneys are usually not involved in the actual mediation sessions.

What are the benefits of the collaborative process?

The collaborative process allows the individuals to control their own destiny and allows them to retain the decision-making authority regarding their lives instead of relinquishing decision-making to the court.  The process helps individuals improve communication with each other and focuses on both parties’ needs and interests instead of making the parties adversaries in a court battle.  The litigated outcome may be unsatisfactory to one or both of the parties. In litigation, the parties relinquish control of the decision-making process to the court system.

Am I required to be represented by an attorney to participate in collaborative law?

Yes, you need to be represented by an attorney with specific training in collaborative family law.  The communication skills, problem solving strategies and conflict resolution techniques demonstrated and taught by the attorneys in collaborative family law are a result of specific training and enable successful results.  The fact that the participating attorneys can provide ongoing legal advice during the process supports decision-making that benefits all of the parties.

Can I choose any attorney I would like to represent me in collaborative law?

The attorneys involved in collaborative family law have undergone extensive training in the collaborative law process.  Many of the collaborative law attorneys have also had training as mediators, which develops additional skills useful in reaching a negotiated outcome.  To participate in the collaborative law process you should be represented by an attorney who has had collaborative law training.  Information about attorneys who are trained in collaborative law in the central Pennsylvania area is available at www.collaborativelawpa.com, which is the website for the Independent Collaborative Attorneys of Central Pennsylvania.

What issues can we address through collaborative family law?

Any and all issues that are of concern to you can be addressed in collaborative family law.  Individuals usually address how they will accomplish their divorce or separation, as well as division of property, implementation of the terms of prenuptial agreements, financial and income issues and co-parenting after a separation or divorce.  Anything that is of concern to you can be addressed in collaborative law.  As a party in the collaborative process, you participate in setting the subject matter for the four-party conferences.

Do attorneys charge less for collaborative law cases?

Most attorneys charge an hourly rate and require a retainer when they begin their representation.  They generally charge their usual hourly rate for collaborative law cases, but the overall cost of resolving a collaborative case from beginning to end is frequently much less than the cost of litigating a case.  The attorneys use their time working together with the parties to reach a successful resolution instead of contesting each issue between the parties.

What if the other person doesn’t want to participate in a collaborative law approach?

Both parties must be committed to resolving their conflict through the collaborative process.  If one of the parties refuses to engage in the collaborative approach, both parties will need to find a different way to address their conflict.  If one of the parties is reluctant to enter into the collaborative process, further investigation into the process may be helpful. Since divorce is an expensive proposition with far reaching ramifications for everyone in the family, outlining the potential advantages of the collaborative process would be a valuable exercise.  Most divorcing couples who succeed at the collaborative process enjoy the peace of mind of knowing that the situation was never out of their control.  

What happens if we don’t reach an agreement?

If you don’t reach an agreement through the collaborative process, you can continue working toward an agreement through direct negotiation or mediation or decide to litigate through the court system.  If you do not reach an agreement and leave the collaborative process, both parties must retain new attorneys.  Attorneys in the collaborative process are bound by their agreement not to represent the parties in litigation if there is no agreement reached in collaboration.

How long does the collaborative law process take?

The collaborative process is generally faster than litigation, since the court process can take years.  The collaborative four-party conferences are scheduled by agreement of the parties and their attorneys, usually about three weeks apart.  There are typically at least four conferences, although the number of conferences depends on the number of issues the parties need to address and the pace at which they are prepared to deal with them.

Is the collaborative law process less expensive than other methods?

The biggest factor in determining how much a divorce costs is the amount of time the attorneys spend working on the case.  The court filing fees and other fixed costs are the same regardless of how the divorce is handled.  Since the collaborative process is generally faster than litigation and often requires the attorneys to spend less time overall, it is usually less expensive than litigation.  If the parties are able to sit down privately and reach an overall agreement that they then submit to their attorneys to have the required legal documents prepared, that process would most likely be the least expensive of all.

What happens if we need other individuals involved in the collaborative law process?

Individuals sometimes need expert assistance in areas such as accounting, financial planning, and parenting during the collaborative law process.  In that case, the parties must decide whether to seek the advice of an expert, whom to contact, the extent of his or her involvement and how the expert will be compensated.  The attorneys can usually make recommendations regarding experts with whom they have worked in the past.  Again, the parties control how much or how little participation the expert advisor will have.

Can’t we just sit down and reach an agreement without having attorneys involved?

Yes. Some individuals are able to sit down together, have a reasonable discussion and resolve their differences without the assistance of attorneys, but that is the exception instead of the rule. If that works, the parties should still retain attorneys in a limited capacity to prepare the legal documents and review the terms of the agreement to make sure the parties understand the consequences of their agreement. Most individuals need some assistance to communicate effectively and reach a fair resolution, which is the role of their collaborative attorney.