Collaborative Law FAQ's

Collaborative Law FAQ's

The following article is from the Australian Blog, Two Homes.Nice to see collaborative family law as a method of resolving divorce and family law cases is taking root "down under."

What Is Collaborative Family Law?
Collaborative family law is a new approach to dealing with separation and divorce issues that doesn't involve the courts. If you adopt this process you and your respective lawyers formally agree (i.e. sign a written agreement) to work together to find a mutually acceptable and fair solution to your financial and child related issues - without involving the courts.

This approach is based on a team effort. You, your former partner, your lawyers and other professionals where required work together to resolve whatever is in dispute e.g. child support, division of assets or parenting of the children.

If your lawyers are unable to get you and your former partner to reach an agreement and you want to take the matter to court, they must resign from the case and you will need to hire new lawyers.

What Are The Advantages Of Collaborative Family Law?

* Promotes co-operation between you and your former partner
* You both have legal advisors at every stage of the process
* Clients are often encouraged to bring in different experts where appropriate such as child specialists, counsellors, accountants and financial advisers
* Generally saves you time and money
* You are guaranteed that your lawyers will do their best to reach a fair agreement and try to keep you out of court
* Litigation can never be threatened
* Likely to produce an agreement that meets both your own needs

What Is The Difference Between Collaborative Law And Mediation?
Mediation involves a neutral third person (a mediator) that facilitates discussion between you and your former partner and does not give legal advice.

In a collaborative process there are 4 people involved in all meetings:

* You
* Your former partner
* Your lawyer
* Your former partner's lawyer
(There also may be divorce coaches (mental health specialists), a financial expert and/or a child specialist.)

What Are The Key Features Of Collaborative Law?

* You, your former partner and both collaborative lawyers work as a team versus 'opposing parties'
* You, your spouse and both collaborative lawyers sign a contract agreeing not to go to court
* The Collaborative Family Law Process uses informal discussions and conferences to settle all issues
* Collaborative Divorce offers separating couples an inter-disciplinary way of dealing with separation and divorce
* Offers a dispute resolution model that provides a structure for both emotional support and legal guidance

What Are The Differences Between A Collaborative And Traditional Approach?
In a collaborative approach:

* Both parties agree to stay out of court
* The emphasis is on creating solutions that address the needs and values of the whole family
* The main goal is to reach a fair, equitable and comprehensive settlement of all issues outside of a court room

SOURCE: TwoHomes.com

What Is The Difference Between Mediation And Collaborative Divorce

What's the difference between Collaborative Divorce and Mediation?

In mediation, an impartial third party (the mediator) assists the negotiations of both parties and tries to help settle your case. However, the mediator cannot give either of you legal advice or be an advocate for either side. If there are lawyers for each of you, they may or may not be present at the mediation sessions, but if they are not present, then you can consult them between mediation sessions. When there’s an agreement, the mediator prepares a draft of the settlement terms for review and editing by both you and your lawyers.

Collaborative Divorce allows you both to have lawyers present during the negotiation process to keep settlement as the top priority. The lawyers, who have training similar to mediators (and in our Practice Group have actual mediator training), work with their clients and one another to assure a balanced process that’s positive and productive. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by you both until everyone is satisfied.

Both Collaborative Divorce and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s shared goals. If mediation doesn’t result in a settlement, you may choose to use your counsel in litigation, if this is what you and your lawyer have agreed. In Collaborative Divorce, the lawyers and parties sign an agreement aligning everyone’s interests in resolution. It specifically states that the Collaborative attorneys and other professional team members are disqualified from participating in litigation if the Collaborative process ends without reaching an agreement. Your choice of mediation or Collaborative Divorce should be made with professional advice.

I am trained in both Mediation and Collaborative Divorce. I am a member of the International, Virginia and Local Collaborative Professional Practice Groups. Schedule a consultation to see whether either of these processes is right for your situation.