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What is Collaborative Family Law?

An alternative dispute resolution process in which divorcing parties can retain individual legal representation which utilizes an interdisciplinary team of allied professionals — without the threat of courtroom litigation or losing their
personal power to determine their family's future.

Collaborative Family Law uses lawyers, divorce coaches, child specialists, financial consultants and mediators to solve family disputes without adversarial techniques or tactics. It is based on principles of being proactive and seeking to first understand, and then to be understood. It uses a cooperative model of negotiation and neutral experts, as needed, to resolve conflict.

The best description of Collaborative Family Law is to look at its principles.

Principles of Collaborative Law

• Advise their respective clients of the law that applies to the parties' circumstances.
• Model for their clients a commitment to honesty, dignified behavior, and mutual respect.
• Guide their clients to find creative solutions to problems with the help of neutral experts if needed.
• Model for their clients the ability to hear and understand (active listening) what is important to the opposing party so that the interests of both parties are promoted.
• Cooperate with each other to provide all necessary disclosure and discovery.
• Remain committed to settlement despite impasse and assist parties in reaching agreements and overcoming imp asses.
• Do not prepare or file any documents with the Court except with the mutual agreement of all concerned.

The Parties...

• Participate in good faith to reach a negotiated agreement that addresses both parties' interests and concerns.
• Make full and fair disclosures to their attorneys and the other party of all facts pertinent to their legal matter.
• Do not ask or expect their attorneys to advance an unethical or illegal position.
• Strive to communicate respectfully and constructively with each other to settle their legal matter promptly and economically.
• Unless mutually agreed, discuss settlement only in the conference setting-not in the presence of the parties' children nor at unannounced times by telephone calls or appearance at one or the others' residence or place of employment.

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