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Collaborative Law |
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| Collaborative law is an approach to settlement of matters relating to divorce, custody and support which emphasizes a cooperative approach to resolve disputes without resorting to litigation. Attorneys who practice collaborative law have been specially trained in techniques proven to result in a negotiated agreement in most cases. The parties and their attorneys must have a high level of commitment to the process as both the attorneys and the parties sign a Collaborative Law Participation Agreement which outlines the expectations of the participants: |
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good faith participation to reach a negotiated agreement; |
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full and fair disclosure of all pertinent information; |
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respectful and constructive communication to settle matters; |
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settlement discussions only in the conference setting; |
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a team approach to settlement; and |
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no court involvement. |
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| Removing the threat of court enables the participants to focus on creative problem solving that fits their family rather then having a cookie-cutter solution imposed by the court. As in any client-attorney relationship, communications are confidential. The attorney’s ethical obligation to represent clients vigorously remains. |
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| It differs from mediation in that each party has an attorney present at all meetings. In mediation the mediator is a neutral third party who is trained to make the face to face negotiations between a couple productive. However, the mediator cannot give legal advice and the final agreement must be reviewed by each party’s attorney. At that point either or both attorneys may recommend changes and further negotiations will ensue. |
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| Contact Mary K. McDonald for further information. |
