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What is Collaborative Family Law?
Collaborative Family Law is a dignified, cooperative approach
to negotiating and settling the issues arising from a family separation
without going to court. Separated spouses, with the assistance
of specially trained family law attorneys, negotiate their issues,
as they define them, in a controlled, safe, and respectful setting.
While the meetings are structured negotiations between the spouses
and their lawyers, the environment is one that is less formal and
threatening than court. These “Four-way Meetings” allow
the spouses to explore together their issues, as they define them,
in their voices. The Lawyers act both as communication / negotiation
coaches for their clients, and simultaneously fulfill their typical
role of advising their clients about their legal positions, entitlements
and obligations. The parties focus on effectively communicating
to gather facts and discover each other’s interests. Emotional
tactics, threats, or abusive communications are all identified,
discussed and eliminated. The lawyers, having agreed not to take
part in any litigation that may occur if an agreement isn’t
reached, efficiently focus their time and effort solely on settlement,
rather than posturing or preparing documents or themselves for
court. Everyone, including the lawyers, is focused on creating
together
a stable, fair, legal Agreement that works for “this family”.
Is your first thought “my spouse and I can’t communicate
about anything, so how would this process work for us?” Well
this approach is a method of negotiating. It is a highly specialized
method of negotiating that was developed specifically for the
emotionally-charged, complex and nerve-wracking negotiations
that must occur when one or both members of a family decide that
they can no longer, for whatever reason, live together.
Both collaborative lawyers help you and your spouse to:
- Find and focus on your common interests;
- Understand each other’s
concerns;
- Exchange information;
- Explore a wide range of choices; and
- Reach solutions acceptable
to both of you
In the Collaborative Family Law Process both clients will:
- Treat
each other with respect;
- Listen to each others’ perspectives,
interests and concerns;
- Explore all possible choices
- Focus more on the future than the
past
What is a Collaborative Law Team?
- Depends on the needs of your family
- Could consist of professionals
from legal, mental health and financial planning fields
- The professionals work
together by providing their expertise to the
parties and the process
- The team must all be trained
and subscribe to the collaborative
guidelines
This team work approach generally takes much
less time and money. All parties involved must sign a contract
agreeing not
to go to court, which fosters hope for a settlement without the
threat of court dangling over them.
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