|
The basis of collaborative family law is predicated upon the idea that it is in the best interest of the family if the spouses can avoid litigation and agree on a settlement. Although both parties still hire divorce lawyers, the attorneys are trained in a collaborative approach that seeks to guide and support the participants in a manner intended to minimize conflict. Collaborative law uses strategies that are respectful, cooperative and non-adversarial. The spouses and their attorneys meet informally to discuss the issues and to mutually agree on a course of action that will lead to a settlement. In working together in the manner defined by collaborative law, the open communication between the parties allows the lawyers to identify and expand on the available options and to minimize the obstacles that could prevent the spouses from coming to an agreement. If the husband and wife cannot agree on an equitable resolution, then the collaborative divorce lawyers’ employment ends and the parties are free to hire trial lawyers to proceed with the divorce process in a court of law.
Where, the traditional legal system assumes that the parties involved in divorce proceedings are adversaries and the process will establish both a winner and a loser, the collaborative divorce process provides an innovative way of creating solutions in a manner that is efficient and amicable. The collaborative divorce process gives spouses an opportunity to openly express their concerns in a structured and cooperative environment where skilled legal counsel guides the discussion. Since collaborative law exists at the mid point between mediation and litigation, when both parties are willing to cooperate and are committed to establishing a settlement, this process can offer a cost effective and viable alternative to going to court. The goal of collaborative law is to minimize the consequences that typically accompany litigation, and to create a settlement that focuses on the security and well being of all family members
Harris Family Law has two attorneys specially trained in collaborative family law. If you are interested in this process contact us to schedule a consultation.
Harris Family Law is available to speak at your next meeting or event about Collaborative Family Law. Find out more about our speaking services.
Back to Articles & Links
|
|
