Collaborative Law FAQ

Collaborative Law

  1. What is collaborative law?
  2. What are the benefits of this process?
  3. How does the cost of divorcing using the collaborative law process rather than standard litigation/representation differ?
  4. How does collaborative law differ from mediation?
  5. What is the best way to get started?

Question: What is collaborative law?

Answer:

Collaborative law is a process in which parties to a dispute hire those professionals necessary to resolve a dispute with the promise that these parties will work together to resolve the dispute and further agree that the professionals who are part of this arrangement will not go to court. The professionals involved in this process may include attorneys, financial neutrals, child advocates and divorce coaches.

Question: What are the benefits of this process?

Answer:

For divorcing couples, a collaborative approach will address the needs of all the members of the family (parents and children) in a way that is thought to preserve the family unit and move through this traumatic event with the least harm to all. The process allows attorneys to advocate for their clients, allows for a financial neutral to help the parties identify their financial realities now and project their needs into the future, and if necessary child advocates who meet with and share needs and wishes of the children and also divorce coaches to teach the parties how to communicate with one another now and looking forward.

Question: How does the cost of divorcing using the collaborative law process rather than standard litigation/representation differ?

Answer:

The cost of collaborative law is thought to be less than a litigated case because the parties are sharing information and meeting together. Further, the parties are agreeing on a process to value assets and determine needs in advance. All efforts are being made to resolve issues rather than preparing and presenting arguments to a judge.

Question: How does collaborative law differ from mediation?

Answer:

Mediation is a process where a trusted neutral hears form the parties, helps them to identify their issues, generate options originating either from the parties themselves or from those professionals that the parties have met with outside of the mediation sessions and then assists the parties in deciding which options will work best for their situation.

In the collaborative process, the parties, rather than working with a trusted neutral, will work with a “team of those professionals though to be necessary to most professionally and quickly resolve the issues”. This collaborative approach works better for a party who needs someone to advocate for them, being by their side during team meetings or other settlement discussions.

Question: What is the best way to get started?

Answer:

The best way to get started is to contact us to set up a discussion to review with you your options to move through and resolve your divorce. We will help you choose the process that best suits your desires, needs and goals of you and your family and the appropriate professionals needed for a cost efficient and timely resolution.