Collaborative law is especially valuable in situations where it’s beneficial for the parties to maintain a relationship beyond the legal conflict, which makes it very suitable for divorce cases. In addition, the collaborative process is usually less expensive and time-consuming than litigation, and when the parties reach an agreement, it can be finalized within a shorter time period. For these reasons, collaborative law has been gaining popularity in divorce cases, where it’s known as collaborative divorce.
What is collaborative divorce? In collaborative divorce, both spouses hire attorneys who practice collaborative law and the parties and attorneys sign an agreement that requires them to negotiate the divorce through a series of four-way meetings. It is designed for the attorneys for both of the parties to assist the parties to resolve conflict using cooperative strategies, rather than adversarial techniques and litigation.
Other professionals, such as custody evaluators, appraisers, or accountants, may be brought into the collaborative process as needed, but are neutral parties independently retained by each spouse. These other professionals must also withdraw and cannot assist either party if the matter goes to court. Collaborative law involves binding agreements by both parties and their attorneys to disclose voluntarily all relevant information, to make good faith efforts, and prohibits the threat of litigation during the process. If the divorce cannot be settled through these meetings and one party seeks a court trial, both lawyers must withdraw and the parties must hire new lawyers. This provides a financial incentive for settling. Visit Us at Google+ Copyright HG.org
Collaborative Law - US
- ABA - Collaborative Law Committee
The Collaborative Law Committee explores the use of Collaborative Law in both family and non-family settings and monitors and advises the Section Council about developments in the field - such as the efforts by Uniform Law Commission, formerly the NCCUSL, to draft a Uniform Law, the emerging set of state ethical opinions on CL, and legislation around the country.
- Collaborative Law - Definition
Collaborative Law (also called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) was originally a family law procedure in which the two parties agreed that they would not go to court, or threaten to do so. This approach to conflict resolution was created in 1990 by a Minnesota family lawyer named Stu Webb, who saw that traditional litigation was not always helpful to parties and their families, and often was damaging.
- The Basics of Collaborative Family Law - A Divorce Paradigm Shift
Collaborative Family Law (CFL) is a revolutionary approach to divorce that has quickly spread throughout the United States and Canada. Often misunderstood and occasionally maligned, it has the potential to dramatically change the field of family law. In Medicine Hat, Canada, it has virtually eliminated family law litigation. CFL is a continuation of the trend to empower participants in the divorce process that began with, and shares many of the principles of, mediation. This article will provide an overview of the basic principles and choreography of CFL.
- Uniform Collaborative Law Act - ADR
Collaborative Law is a voluntary dispute resolution process for parties represented by counsel. Like mediation, Collaborative Law helps parties resolve their dispute themselves rather than having a ruling imposed upon them by a court or arbitrator. A key feature of Collaborative Law is the Collaborative Law Participation Agreement with disqualification provision. If a party seeks judicial intervention, the Agreement requires that counsel for all parties withdraw from further representation in legal proceedings.
- Uniform Law Commission - Collaborative Law
The National Conference of Commissioners on Uniform State Laws has worked for the uniformity of state laws since 1892. It is a non-profit unincorporated association, comprised of state commissions on uniform laws from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. Each jurisdiction determines the method of appointment and the number of commissioners actually appointed. Most jurisdictions provide for their commission by statute.
Organizations Related to Collaborative Law
- Collaborative Law International European Institute
The Collaborative Law International European Institute is the first European-based institute to bridge Collaborative Law between the Americas and Europe. The Institute was founded in the part of Europe central to diplomacy---Austria, where Collaborative Law was introduced in 2002.
- Collaborative Practice Center
Many people who face divorce prefer a more constructive way of divorcing. Collaborative Divorce and Collaborative Practice may be right for you. Collaborative Professionals promote respect, place the needs of children first and keep control of the process.
- Global Collaborative Law Council, Inc.
The Global Collaborative Law Council, Inc. (GCLC) was originally established in October 2004, as the Texas Collaborative Law Council, Inc. by attorneys committed to assisting clients in managing conflict and resolving disputes without litigation. In January 2009, the organization expanded to serve attorneys and other professionals worldwide, involved in the practice of civil collaborative law.
- International Academy of Collaborative Professionals
IACP is the International Academy of Collaborative Professionals, an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict.
Publications Related to Collaborative Law
- Collaborative Divorce Newsblog
Pauline Tesler posts to this blog news items, updates on collaborative divorce worldwide, useful tips for clients and professionals, and whatever seems interesting from time to time.
- Collaborative Practice Articles
Mediate.com accepts high quality articles on mediation and dispute resolution. Our primary focus is to educate and encourage the public and other consumer groups to use mediation.
Articles on HG.org Related to Collaborative Law
- New York No Fault DivorceNew York was the last State in the Nation to adopt no-fault divorce. Learn how no-fault divorce makes it easier for you to get the divorce you deserve. On October 11, 2010 New York divorce law finally joined the rest of the United States when it began to allow no fault divorce. A no fault divorce simply means that you no longer have to prove that your spouse is at fault for the court to permit you to get divorced.
- Legal Separation in California - What is Legal Separation?Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.
- Should You Tell Your Boss about Your Divorce?Divorce affects your career in many ways. If you're getting a divorce in Virginia, you should be prepared legally, emotionally, and professionally. When you're getting a divorce in Virginia, you may have questions regarding if and when to tell your boss the news. The timing and method you choose may have an impact on the degree to which divorce affects your career.
- Divorce: Contested v. UncontestedIf you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
- Should I File Bankruptcy or Divorce First?If you intend to file Chapter 7 bankruptcy, then it is generally in your (and your soon to be ex-spouses) best interest to complete your bankruptcy first before filing for divorce. Clients inquiring about bankruptcy often ask about divorce as well. This makes sense. Financial problems often lead to dissolution of marriage. If your goal is to file both bankruptcy and divorce it is very important to pursue both legal matters in the correct order.
- Choose Your Divorce Lawyer CarefullyIt is important to choose an attorney who is skilled in divorce law to handle your case. But how do you go about choosing the right one? A divorce touches every part of your life. It involves your income, assets and where you reside. Additionally, if you have children it involves commitments and obligations for many years to come. But, all too often, the most devastating aspects of a divorce are the emotional and financial costs.
- Why Standard Divorce Forms May be More Costly than Hiring an AttorneyIf you are thinking of downloading a standard divorce form instead of hiring an experienced divorce attorney you must read this article. Many times downloading standard divorce forms may result in higher expenses than simply hiring an attorney from the onset.
- When to Consult a Family Law Attorney in CaliforniaConsulting a family law attorney prior to getting married or having children may prevent many difficulties later, when you decide to get divorced.
- The Benefits of Collaborative DivorceCollaborative divorce takes a non-adversarial approach to the divorce process. If properly executed, collaborative divorce can save a significant amount of time, heartache and expense in the long run.
- 3 Ways a Collaborative Divorce Might Benefit YouCollaborative divorce in Virginia trumps traditional contested divorces because they help reduce emotional turmoil. For legal guidance, contact a Norfolk divorce attorney.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.