Module Notes
A process where parties negotiate a mutually-acceptable settlement without court intervention, utilizing attorneys and other professionals as needed to best support the process.
- Flexible and adaptable process
- Focused on cooperation, communication and mutual problem-solving
- Contractually agree to settlement process (no court)
- Utilizes other trained professionals as needed
- Financial neural
- Family specialist or child specialist
- Divorce coach (or coaches)
- Others (realtor, business valuator, financial advisor, accountant, etc.)
- Starts with a commencement meeting to talk about goals and sign participation agreement (contract indicating that attorneys will withdraw if case goes to court)
- Series of meetings in various configurations to help clients find resolution
- Once agreements are reached, attorneys draft agreements and file for administrative review and entry
Pros of Collaborative Law:
- Cooperation and Communication
- Control and Autonomy
- Privacy and Confidentiality
- Interdisciplinary Support
- Cost Savings
Cons of Collaborative Law:
- Requirement for Cooperation
- Need for Full Disclosure
- Withdrawal of Collaborative Attorneys
In summary, collaborative law offers couples a cooperative, communication-focused approach to divorce that requires a willingness to engage in good faith negotiations to achieve mutually satisfactory outcomes.
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