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Is Collaborative Law the Right Choice?
Today nearly half of all marriages
end in divorce. Unfortunately our adversarial justice system
simply doesn’t
work well for divorcing spouses. Traditional proceedings often
become protracted fights that are emotionally
and financially devastating for everyone. A full blown divorce
case can take years in litigation and cost tens of thousands
of dollars. Even when a couple is able to settle a divorce case
out-of-court, it is often in the shadow of a trial under conditions
of considerable tension and anxiety.
Is a collaborative family lawyer different than just using a
divorce attorney?
- Both collaborative lawyers understand how
to reach creative settlements. Your lawyer will be at your
side, explaining issues and helping you to reach a resolution
by mutual participation
and agreement.
- Both of the attorneys and clients agree in advance
to work only toward a settlement acceptable to both clients.
Litigation can
never be threatened. Neither you nor your spouse will be
permitted to control the process, not play games or take advantage
of
each other. The process is voluntary so there an agreement
by clients
and attorneys for voluntary disclosure, eliminating formal
methods of obtaining information and procedural delays.
- Both
collaborative lawyers will not have succeeded unless they
can help you create a win-win solution that takes into account
each spouse’s needs and interests.
- Both collaborative
lawyers work as a cooperative team rather than working
against each other as “opposing parties”.
- Both collaborative
lawyer have special training in Mediation, Negotiation
and the Collaborative Family Law Process of dispute
resolution.
Is collaborative family
law the right choice for me and my spouse?
Yes, if you and your spouse…
- Want a civilized and respectful resolution of issues
- Want education,
guidance and legal advice without the risk of an elevated
court battle
- Want to work through emotions in order to make comprehensive
legal agreements regarding custody, support and property
division
- Want the best family
relationship now and in the future for you and your children
without the harmful lasting scars of
a court
battle
- Want the best co-parenting and time sharing plan
that works for you and “your family”
- Want to take
responsibility for handling your conflict with integrity
- Want
privacy and to keep your financial information out of public
court records
- Want the opportunity for you and your
spouse to have a say in how your agreement is written because
you
both understand your family better than anyone
else and want an agreement produced
to
suit the unique needs of your family
- Want to achieve
reasonable goals and a reasonable agreement, rather than
achieving a financial or
child placement
victory no matter the human or financial costs
- Want
final resolution that avoids the pain and expense of having
to return to court multiple
times
- Want and desire a vision for you and your
family that extends long beyond the immediate matter
at hand and
into the
adulthood years of your children
The collaborative law process will work well if you and your
spouse are determined to behave in a respectful, ethical manner
towards each other throughout the process. You both need
to value a negotiated solution that meets your needs now and
in
the future.
You both will need to focus your energy toward creative problem
solving rather than toward revenge. |