Collaborative Law is an out-of-court dispute resolution process involving a group of people usually the parties and their attorneys. It involves a commitment to resolve a dispute without court intervention or the threat of litigation. This commitment is made by all participants – lawyers, clients and any other members of the team – that they will not seek or threaten to litigate the case. This agreement also requires both lawyers to disqualify themselves from representing the client in any court proceeding should the collaborative process fail.
The process is typically multidisciplinary, with the lawyers being joined by professionals in disciplines such as financial, mental health and communication coaches. The professionals work together like a medical team to understand the clients’ needs and provide targeted support. This approach removes roadblocks and obstacles that are so common in legal proceedings. Ultimatums, barriers and negative criticism are replaced with brainstorming and exploration.
As a result, the costs and length of time to reach a settlement are greatly reduced. Additionally, in cases where children are involved, the collaborative process often enables parents to preserve their relationship as co-parents and provides more stability for those children. Finally, the collaborative process is often more respectful than traditional litigation because it is generally less abrasive.
Lawyers who specialize in Collaborative Law have been trained to facilitate the process, and they are able to help their clients through the emotional and psychological aspects of the divorce process. Collaborative lawyers have been able to provide a service that is much needed, given the growing number of people who are divorcing in Florida and elsewhere.
While there is no guarantee that collaborative law will work, it has been a successful method of resolving disputes in some very challenging cases. The process requires a very willing client, and it is not appropriate for every situation. However, when it works, it has been very rewarding for the clients and their families.
There are a number of different collaborative law organizations in the United States. The International Academy of Collaborative Professionals, headquartered in Minneapolis, Minnesota, is responsible for the training and education of collaborative law practitioners. Locally, there are collaborative practice groups in most metropolitan areas of the country.
If you are interested in pursuing the collaborative process, the first step is to schedule an initial consultation with a trained collaborative attorney. If both parties agree to participate, they will then meet with their respective collaborative attorneys and select the additional team members – usually neutral facilitators and a neutral financial specialist. The clients will set the agenda, frequency and other details for the meetings with the team members and pre-approve expenses for all steps of the process. The attorneys will review the cost options with their clients and make recommendations as to how to proceed. The process is designed to move forward quickly, and the attorneys will help their clients reach an agreement without going to court. If you are considering collaborative law, be sure to consult an attorney who has been trained in the process and is experienced in collaborating with other professionals.