Collaborative law is a dispute resolution process in which spouses and their attorneys work together cooperatively to negotiate fair settlements without going to court.
What is Collaborative Law?
Collaborative Practice is a dispute resolution process in which spouses and their attorneys work together cooperatively to negotiate fair settlements without going to court. It is designed to provide the benefits of attorney assistance while avoiding the negative atmosphere of litigation. The focus is on constructive problem solving rather than adversarial bargaining and court imposed solutions. The major goal is to maximize settlement options for the spouses and their children, and to minimize or eliminate the negative economic, social and emotional consequences of litigation.
How does it work?
Collaborative Practice uses informal discussions and conferences attended by both spouses and their attorneys to settle all issues. It requires that both spouses, with the assistance of their attorneys, provide all pertinent documents and information relating to the issues to be settled. It encourages the use of jointly retained experts where specialized knowledge or expertise is needed on particular issues. Both spouses and attorneys are required to work together toward a shared resolution which recognizes the rights and accommodates the needs of each spouse and any children. If for any reason either spouse decides to go to court, both parties must release their Collaborative attorneys and hire new counsel for litigation.