The process creates a constructive and respectful environment to resolve disputes in private and in a manner that focuses on each person's needs, essentially putting control of the outcome in the participants' hands. This type of alternative dispute resolution process coordinates and fosters the cooperation of all persons involved to eliminate the negative economic and emotional consequences of litigation.
The goal of the Collaborative Law Process is to maximize settlement options and increase effective communication between participants while reducing unnecessary conflict and prolonged disputes. The collaborative process focuses on the goals, interests, and concerns of the clients. The focus is on meeting as many of those goals, interests, and concerns of each client as possible.
The Team Approach is an interdisciplinary model and involves engaging one or more other professionals in the collaborative process to directly address the needs of the family involved. In the Team Approach, not only are two collaboratively trained lawyers retained by the parties, but also a collaboratively trained financial professional may be retained, and any other professional the parties deem helpful in assisting them may be retained.
The goal of the Collaborative Law Process is to maximize settlement options and increase effective communication between participants while reducing unnecessary conflict and prolonged disputes. The collaborative process focuses on the goals, interests, and concerns of the clients. The focus is on meeting as many of those goals, interests, and concerns of each client as possible.
The Team Approach is an interdisciplinary model and involves engaging one or more other professionals in the collaborative process to directly address the needs of the family involved. In the Team Approach, not only are two collaboratively trained lawyers retained by the parties, but also a collaboratively trained financial professional may be retained, and any other professional the parties deem helpful in assisting them may be retained.
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Collaborative Law gives a divorcing couple the opportunity to tailor an agreement to their own specific concerns in a respectful and deliberate manner.
It supports the value of each family member.
It is a way to resolve differences, while allowing each person to participate in the important decisions being made, as opposed to the decision being made by a judge in a court room.
The lawyers for both the husband and wife agree to assist his or her client to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation.
It supports the value of each family member.
It is a way to resolve differences, while allowing each person to participate in the important decisions being made, as opposed to the decision being made by a judge in a court room.
The lawyers for both the husband and wife agree to assist his or her client to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation.
One of the cornerstones of the Collaborative Law process is each party's commitment to voluntarily provide whatever information is needed or requested to make a proper evaluation of the case and develop settlement options, including full disclosure of the nature, extent, value of, and all developments affecting the parties' income, assets, and liabilities.
Any material change in information previously provided must be promptly updated.
The parties authorize their respective lawyers to fully disclose all information which in the lawyer's judgment must be provided to the other party in order to fulfill this commitment.
Any material change in information previously provided must be promptly updated.
The parties authorize their respective lawyers to fully disclose all information which in the lawyer's judgment must be provided to the other party in order to fulfill this commitment.
Parties in disputes often feel intimidated, fearful, anxious, powerless, out gunned, and not in control.
The litigation process does nothing to calm this uneasiness and, in fact, a common litigation tactic is to attempt to make the other side so uncomfortable they are coerced into settling.
Unsafe atmosphere - You are subject to cross examination and all your family and friends may be subject to depositions.
Since the case is still on the court's docket, the lawyers and clients must spend time and money preparing for trial, even though everyone wants to focus on settlement.
The litigation process does nothing to calm this uneasiness and, in fact, a common litigation tactic is to attempt to make the other side so uncomfortable they are coerced into settling.
Unsafe atmosphere - You are subject to cross examination and all your family and friends may be subject to depositions.
Since the case is still on the court's docket, the lawyers and clients must spend time and money preparing for trial, even though everyone wants to focus on settlement.
The Collaborative Law Participation Agreement signed by the parties at the beginning of the process provides that the parties agree to maintain the confidentiality of any oral or written communications made by the parties or their lawyers or other participants in the Collaborative Law process, whether before or after a lawsuit is formally filed.
If a party opts out of the Collaborative Law process, any oral communication or written material used in or made part of the Collaborative Law process is admissible or discoverable only if it would be admissible or discoverable independent of the process.
If a party opts out of the Collaborative Law process, any oral communication or written material used in or made part of the Collaborative Law process is admissible or discoverable only if it would be admissible or discoverable independent of the process.
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