If you and your spouse are in the midst of a divorce or considering a separation, then it is vital to understand all available options. One alternative to litigation is the Collaborative Law process. This is a dispute resolution method that allows couples to settle all issues relating to their marriage with the assistance of attorneys and other professionals trained in collaborative practice. It can save a great deal of time and money in the long run and is much less emotionally draining than litigation.
The Collaborative Law Process
In a collaborative case, both parties retain their own lawyer to represent them in good faith as they attempt to resolve their disputes through discussion and negotiation. This is in stark contrast to the conventional litigious process of a lawsuit, where lawyers cannot represent both sides in the same case. Typically, the team also includes a mental health professional and financial experts (including accountants and appraisers). Non-legal specialists such as parenting coaches are sometimes employed by collaborative law teams to help the parties and children work through the emotional trauma of separation and divorce.
The key to the collaborative process is the mutual commitment to resolve all disputes without resort to litigation. This commitment is demonstrated by signing a written contract that prohibits the collaborative lawyers from representing their clients in court if the process breaks down. This is a very powerful incentive to both parties and their attorneys to stay focused on resolution and not on using the litigation process as an additional tool for negotiation.
A negotiated settlement agreement is signed at the end of the process. This document sets out all of the agreements reached by both parties in the collaborative process and is then filed with the court as a legal record. The parties can then move on to other matters that need to be resolved or to implementing the terms of their agreement.
Collaborative law is not appropriate in all situations, however, and it is not the preferred method of divorce for clients with a history of domestic violence, a history of substance abuse or severe mental health problems. However, it can be an effective option for many couples who have the ability to engage in open, honest communication and full information exchange and who are willing to commit to a constructive and respectful process. Our attorneys have been trained in collaborative law and mediation and we are pleased to provide a free initial consultation on this option for your divorce or family matter in Long Island, Queens or the surrounding areas.