Collaborative Law
What is Collaborative Law?
Collaborative Law (also called “no-court divorce,” “divorce with dignity,” “peaceful divorce”) is a structured process that provides an alternative to court. Collaborative Divorce provides the benefit of child and financial specialists, divorce coaches and other professionals, all working together on your team. The Collaborative choice offers you the opportunity to focus on what is important to you – your family and your future.
What is the process?
In Collaborative Practice, the lawyers and clients sign a Participation Agreement which provides that if the parties are unable to reach a settlement, the lawyers will withdraw from the case and assist the clients in transitioning the case to trial attorneys. The parties and the professionals get together through a series of meetings to discuss the issues and brainstorm for creative solutions. By establishing an open, cooperative environment, parties and their counsel can work toward a settlement that benefits everyone.
What are the benefits of Collaborative Law?
1. Privacy
Often in family matters, some very sensitive issues may come up. Because the collaborative process removes the case from the public court system, parties can maintain a level of privacy.
2. Flexibility
Most cases are not the same. Because of the sheer volume of cases that courts hear, judges often look to cookie-cutter answers to solve the parties’ issues and rush cases through a set schedule to finalization. Collaborative law provides the parties flexibility to customize solutions to their particular set of facts and to take the time they need to reach their goals.
3. Co-parenting and communication
Collaborative law enables the parties to communicate, allowing them to cooperate and to co-parent more effectively.
4. Control
Jury trials are rare, and parties’ time in front of a judge is limited. A judge does not know the parties and may bring his or her own biases into the process. With collaborative law, the parties are in control and have the ability to make decisions that are best for them and their families.
5. Cost
Although the upfront costs of retaining several professionals may seem expensive at first, when compared to the cost of litigation, collaborative law can be a more affordable alternative. Consider that for litigation, the cost of an attorney to prepare for just one hearing can be several thousands of dollars (and there are often multiple hearings and settlement attempts before a final resolution is reached), whereas with collaborative law, the attorneys often utilize other professionals to address the non-legal matters in a family law case at a fraction of the cost.
Alexandra Geczi is a trained collaborative law attorney. Please contact our office to learn more about the process and whether it is right for your situation.