Therefore, the parties and their attorneys are motivated to reach a settlement without court intervention. The parties and the attorneys all sign a Collaborative Law Participation Agreement before beginning the process.
It is becoming the preferred method of family law dispute resolution in some jurisdictions because the process is more humane and promotes the post-divorce spiritual, psychological and financial health of the restructured family.
Collaborative Law relies on an atmosphere of honestly, cooperation, integrity and professionalism geared toward the future well-being of the family. The parties engage in a series of meetings with their attorneys to discuss all issues and concerns, coordinate necessary research, retain the services of any necessary experts and discuss the future needs of the parties. It is hoped that through honest and open communication the parties, with the assistance of their attorneys, will reach a mutually beneficial agreement.
More on Collaborative Law
Collaborative Law requires each party and each attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties, and, if necessary, to compromise to reach a settlement of all issues.
It works best if the lawyers are trained in the Collaborative Law process, even though such training is not required.
Collaborative Law is suitable for many types of law but most often occurs in the domestic area. There is also a team approach using a counseling team and financial advisor to work with the family in a collaborative process. There is training available for all Collaborative Law professionals - attorneys, counselors and financial advisors.