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
Neither
party, nor his or her attorney, will use the public judicial process
during the course of the Collaborative Law Process.
The Attorneys...
-
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.
NEXT
... "Who Can Benefit?"