What is Collaborative Law?
Collaborative law refers to a new method of solving legal disputes that avoids traditional court proceedings. Rather than filing a lawsuit, each side voluntarily agrees to a series of sit-down negotiations between the parties, their attorneys, and any number of experts and therapists trained in the subject matter of the dispute. These meetings allow the parties to openly exchange information and discuss the matter with an understanding that nothing communicated will later be used against them in court. The collaborative law process is founded on good faith. By taking a cooperative approach, rather than an adversarial one, parties can resolve difficult issues that would otherwise lead to expensive and time-consuming litigation.
People tend to use collaborative law to settle highly emotional cases such as business partnership dissolutions, wrongful discharge claims, and family law cases. It is not surprising, then, to learn that the vast majority of collaborative law cases deal with divorce. Divorce litigants tend to ignore the practical ramifications of using the legal system to fight about relatively minor issues. These cases can spiral out of control, with the potential for each side to spend far more money on legal fees than either stands to gain, even in the unlikely event of a complete victory. Considering that the care and wellbeing of young children may be at stake as well, using collaborative law to handle a divorce proves to be the right choice for many couples.
Reasons to Avoid Traditional Litigation
Litigation is well suited for those who are “looking for a fight,” and who do not mind spending a lot of money to battle the other party in court. It is also appropriate in cases where compromise is not desirable, such as cases brought by victims of domestic violence against their abusers. However, for many individuals, the negative aspects of litigation outweigh any potential benefit. Litigation is expensive. Due to backlogged court dockets, it is a slow process as well. Private, sensitive, or embarrassing information can be made public, either in open court, or in court filings. Moreover, litigation makes it difficult for parties to maintain a cordial relationship once the case ends. This is a particularly important concern for divorcing spouses who will share custody of their children in the future.
Collaborative Law Benefits
In contrast to traditional litigation, collaborative law is not necessarily quicker and less expensive, but at least the parties directly control how the proceedings unfold. Those who feel the issues are being disposed of without a proper amount of consideration and debate can insist that more time be spent crafting a resolution, or that additional experts or therapists be brought in to provide insight. On the other hand, those who want to expedite the case are free to compromise on contested issues and reduce the time it takes to bring the matter to a close. The parties work through the issues at their own pace, not according to the court’s schedule.
Collaborative law also offers the benefit of confidentiality. The parties are not required to put their allegations into written pleadings, motions, and other court filings that can be viewed by the general public. Another benefit often cited in support of a collaborative approach is the built-in financial incentive for the parties to do what it takes to make the process work. If it fails, and the case must be moved into the court system, then the attorneys for both sides must withdraw. Any consultants hired during the collaborative stage must also resign. When it appears the parties may be at an impasse in their negotiations, this underlying threat of both sides having to hire a new team of professionals is often enough to get the process moving forward once again.
How the Process Works
The first group session in a collaborative law case involves both parties and their attorneys meeting together to review the terms that will govern the process. They may begin with a standard form contract, and modify the agreement prior to signing, in order to address specific concerns, such as the kinds of experts who will be hired, and how costs will be allocated. The group will then meet on a regularly scheduled basis to negotiate solutions to the issues in the case. In a collaborative divorce, these issues might include alimony, property division, child support, visitation, and so forth. Once the parties are in agreement on all of the issues, the attorneys will work together to draft a stipulated court pleading that will officially resolve the case.
Finding a Collaborative Law Attorney
If you are facing potential litigation and you would like to deal with the matter outside of the courthouse, collaborative law may be the answer. These cases are not handled by general practitioners, however. Contact a collaborative law specialist in your area to learn more.
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Articles About Collaborative Law
- About to Divorce in Texas? What you Need to Know about Collaborative LawIt is common knowledge that divorces can be adversarial, and can include hotly contested and expensive court hearings. Most people also know that parties can make an agreement between themselves with or without a mediator's involvement. What a lot of people Don't know is that there is a third option...
- A Better Method: Collaborative DivorceWhat is collaborative divorce and how does it work? It is an alternative dispute resolution process which resolves divorce issues outside the courtroom.
- The Pros and Cons of an Uncontested DivorceEnding a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
- 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.
- 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.
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.
Organizations for 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 For 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.