In the collaborative law process, the parties and their attorneys sign a commitment not to go to court. They agree to resolve all issues by agreement. There are no contested court hearings and all information is exchanged voluntarily. Any outside experts who may be need to resolve complex issues (accountants, appraisers, therapists, etc.) are chosen by both parties and are retained jointly. Most of all, the parties and their attorneys work together, using creative problem-solving techniques to achieve an agreement uniquely tailored to the needs of you and your family. The collaborative law process works if problem solving is more important than fighting and both parties are committed to achieving solutions that are fair to both.
Why use it?
The collaborative law process offers the following potential benefits:
1. Avoid court.
Everyone can focus on achieving a resolution without the constant threat of “going to court.” Outcomes are not forced on the parties by a judge or other outside decision maker. Children and families are saved from the effects of litigation and adversarial tactics.
2. Less costly.
The process can generally be less time consuming and less costly than litigation, since all resources are directed at achieving a resolution, and not on the procedures related to litigation. Resources are used to achieve resolutions, not wage court battles.
3. Cooperative approach.
You have the support, guidance and advice of your own attorney, and yet you can confidently cooperate with your spouse and his or her lawyer in resolving your issues.
4. You are in charge.
The collaborative process is empowering, informative, and less stressful than court. You control the proceedings. You are a vital part of the settlement team (including both parties and both attorneys). Your destiny and that of your family is not in the hands of a third party (the court).
5. Collaborative lawyers.
Both parties have skilled family lawyers who are committed to the collaborative process of reaching resolutions while maintaining the dignity of the parties.
If you are interested in Collaborative Law, Erika L. Salerno is a trained Collaborative Practitioner who can answer your questions.