By enlisting the help of a collaborative law practitioner, the parties agree to work together to come to a mutually agreeable resolution. The collaborative law process is founded on good faith, cooperation, and complete disclosure principles. By taking a cooperative approach rather than an adversarial one, the parties can resolve complex issues that might otherwise lead to expensive and time-consuming litigation.
Collaborative Law involves a small group of professionals engaged in a non-adversarial process. Instead of one lawyer righting a client's wrongs, all lawyers involved in the collaborative process will refrain from engaging in adversarial tactics. The use of collaborative Law makes sense for couples who are constantly battling each other, simply out of habit. It also makes the most sense for couples at risk of disrupting their kids' development by dragging them through the courts and the financial and emotional costs of litigating.
There are many reasons why companies should consider alternatives to lawsuits to handle conflicts. Some of the reasons to avoid litigation include:
- Exhausting Financial Resources
- Losing Business Relationships
- Negative Publicity
- Inability to Test Case
- Unnecessary Litigation Expenses
- Guilt Bias
- Mutual Distrust
- Poor Record Keeping
I was once involved in litigation against a former partner. Even before this was over, I had made several enemies. I was threatened with violence. My former partner's friends harassed me. On top of all of this, litigation was expensive. Litigation is notorious for being slow, and my case was no different. Private, sensitive, or embarrassing information can be made public, either in open court or in court filings. Even after it was all over, it was challenging to maintain a cordial relationship.
Let's Talk About Divorce Law
In litigation, rather than having the option to settle a dispute immediately or continue with litigation to resolve it, both parties are forced to have their day in court. There's no middle ground between going to the end and conceding now.
This can be a good thing for parties who want a more extended, detailed trial. After all, who knew how much their grandson's dog, George, meant to them, or about the complex history of the neighbor's property, before learning these facts at the trial? On the other hand, those who feel the case should end quickly or don't want to reveal their medical history have no choice but to capitulate on contested matters and hope to settle on some issues.
Collaborative divorce is a relatively new out-of-court process for ending a marriage wherein divorcing parties retain their attorney to shepherd the proceedings while the parties and their attorneys work together to negotiate their settlement. The strategy is motivated, in part, by the recognition that negotiating a divorce settlement out of court through the traditional, litigation-based approach often results in unnecessarily drawn-out proceedings, excessive legal fees, bitter feelings, children being caught in the crossfire, and a disputant's ability to control the outcome directly.
You and your significant other(s) may use a collaborative divorce process to resolve your case. This means that, rather than turning to a judge to settle disagreements, you and your soon-to-be-ex(es)' attorney(s) will negotiate the issues directly.
You will begin by meeting with a mediator or collaborative expert, who will ensure that everyone is actively involved in the process. The process will begin in earnest if you decide that collaboration makes sense. You and your soon-to-be-ex will meet on a designated schedule to brainstorm and plan the most effective way to divvy up the property, take care of the kids, and provide for one another. Each of you will have a chance to express your concerns (and find out what concerns the other has) so that any decisions can be made on the levelest playing field possible.
Today, finding the right collaborative law attorney for you can be tedious when searching through a sea of lawyer advertisements while in the planning stages of your separation or divorce.
Collaborative Law may be the answer if you are facing a potential lawsuit and want to avoid escalating it to litigation.
Litigation is the traditional legal case where two parties go to a judge or a jury to resolve a dispute. Collaborative Law is a process where both parties to a dispute agree to keep negotiating permanently until the issue at hand is resolved.