FAQ Collaborative Law

Collaborative Family Law begins with Parties agreeing to resolve disputes outside of Court.

Meetings involve Parties, Lawyers, and professionals discussing issues and specific goals of those involved. The Collaborative Team helps with specific needs like Timesharing (Child Custody) or finances. The ultimate goal is a mutually acceptable settlement~~. If no agreement, the case can still be resolved, but lawyers must withdraw.~~

Collaborative Family Law offers several benefits. It’s amicable, reducing stress and allowing for personalized solutions. It’s confidential, protecting private information. And it’s often less costly than Litigation.

If a Collaborative case fails, the Parties may go to Court. However, the Collaborative Attorneys must withdraw, unless the Parties have chosen the “Cooperative Approach” which is similar but does not include the disqualification requirement. New representation will be needed for Litigation. Collaborative Law is designed to avoid going to Court, motivating Parties to work together towards a solution. While there’s a potential risk of Litigation, many Family Law Clients find the Collaborative Process more beneficial. And there are still other positive solutions to avoid having to go to Court.

Collaborative Family Law involves Parties who are going through a Divorce or Paternity matter, two Collaboratively-trained Family Law Lawyers, and potentially two other professionals (such as Financial Neutral and a Mental Health Neutral) working together. Aside from the Parties, those on the Collaborative Team should be trained in the Collaborative Process and remain solution oriented. This approach helps prioritize common goals and protects the best interests of minor children involved.

The Collaborative Process focuses on child well-being. It promotes cooperation, involves a Mental Health Neutral, and can reduces stress on children. Parties who are committed to the Collaborative Process strive to maintain a supportive environment for children during and after Divorce.

Collaborative Family Law Attorneys play a critical role in facilitating amicable resolutions. Their primary responsibilities include:

• Advising Clients: Attorneys provide comprehensive legal guidance, assisting Family Law Clients to understand their rights, options, and potential outcomes. They help Clients make informed decisions throughout the Collaborative Process.
• Facilitating Negotiation: Attorneys actively promote productive discussions between Parties, fostering a Collaborative and respectful environment. They encourage Clients explore various solutions and negotiate mutually beneficial agreements.
• Drafting Agreements: Once a settlement is reached, Attorneys skillfully draft legally binding documents that formalize the agreement.
• Maintaining Cooperation: Attorneys are committed to the success of the Collaborative Process. They focus on building trust, maintaining open communication, and inspiring a constructive resolution.

Collaborative Attorneys must possess a unique blend of legal expertise and interpersonal skills. They need a deep understanding of Family Law principles and procedures, as well as the ability to effectively communicate with Clients, facilitate negotiations, and build rapport with other professionals involved in the process.

Both Collaborative Family Law and Mediation aim for dispute resolution outside of Court. However, they differ significantly.

In Collaborative Family Law, Parties hire Collaboratively-trained Attorneys. They meet to discuss solutions with Attorneys and Neutrals. In a Collaborative setting, Attorneys are committed to avoiding Litigation and are required to withdraw if the case goes to Court.

In Mediation, a Mediator helps Parties communicate and find solutions. The Mediator doesn’t provide legal advice and will not represent either Party. Parties work towards settlement with the Mediator’s guidance. Mediation generally involves a single Mediator and can be less formal, focusing solely on facilitating communication and involves position based negotiation between the Parties.

Costs vary based on case complexity, professionals involved, and process duration. It can be more cost-effective than Traditional Litigation.

1.  Attorneys’ Fees: Each Party hires their own Collaboratively-trained Attorney. These fees are typically billed at hourly rates and can accumulate based on the time spent on meetings, negotiations, and drafting legal documents.
2. Additional Professionals: Depending on the needs of the case, other professionals such as financial advisors, and/or Appraisers, Realtors, etc. may be involved. Their fees are additional and vary based on their experience and the extent of their involvement.
3. Administrative Costs: There may be administrative costs associated with the Collaborative Process, such as the preparation of documents or the use of meeting spaces.

Despite these, Collaborative Family Law can be **less expensive** than Litigation, reducing emotional stress and potential for prolonged disputes.

Finding a Collaborative Family Law Attorney involves several steps to ensure that you select a qualified and experienced professional who is well-suited to handle your case. Here are some tips to help you find the right one:

1. Seek Referrals: Start by asking for referrals from friends, family, or colleagues who have experience with Collaborative Law. Personal recommendations can provide valuable insights into the Attorney’s skills and approach.
2. Research Qualifications: Look for Attorneys who are specifically trained and certified in Collaborative Family Law. Membership in professional organizations, such as the International Academy of Collaborative Professionals (IACP) or local collaborative practice groups, can indicate a commitment to this approach.
3. Consultations: Schedule consultations with potential Attorneys to discuss your case and assess their experience and approach. During the consultation, inquire about their experience with Collaborative cases, their strategy for your situation, and their fees.
4. Evaluate Compatibility: Choose an Attorney with whom you feel comfortable and who demonstrates a Collaborative mindset. The success of the Collaborative Process relies on open communication and mutual respect, so it’s important to select someone who aligns with these principles.

By following these steps, you can find a Collaborative Family Lawyer who is well-equipped to help you navigate the Collaborative Process and work toward an amicable resolution that meets your needs.