Collaborative Law Approach

90-95% percent of all legal actions eventually settle out of court before trial. Many reach settlement only after years of financially and emotionally draining adversarial negotiation and trial preparation.

Collaborative Law -- the practice of settling cases without court intervention -- provides an alternative.

By encouraging mature, cooperative and non-combative behavior and agreeing to avoid litigation, an environment is created where both parties and counsel are committed to reaching an efficient, mutually agreeable settlement -- out of court.

In my humble opinion, this is the way it should be. We don't raise children in court rooms and the litigation process is anything but "child friendly."

Your Lawyer's Employment Depends on Settlement Options  

In collaborative law, your lawyer's continued employment depends on the ability to design acceptable settlement options. That means, if the collaborative law process proves unsuccessful or either party wants litigation, both lawyers must withdraw from the case. They will then help their clients find trial lawyers and will work to make a quick, efficient transition. Although your lawyer will refund any unused fees, your new lawyer will likely require a substantial retainer fee if the case is headed to court for a contested hearing.

Collaborative lawyers are often very experienced and seasoned attorneys who have done litigation for a number of years and who have seen the light and want to offer a better way for their clients to resolve their family law disputes. This however is not always the case and many collaborative law attorneys have not been litigation attorneys and in some ways I personally believe that this puts them at a disadvantage in cases that are on the more contentious side of the equation. However, that is only my opinion.

Protect Privacy and Dignity 

Lawyers who practice collaborative law protect the privacy and dignity of all involved in the process. They uphold standards of integrity and, if inconsistencies and miscalculations occur, seek to correct them.

Collaborative law practitioners expend as much effort working toward settlement of your case as they would to prepare for and conduct a trial. As needed, they provide complete, honest and open disclosure of all relevant information with the required oaths and documentation. Usually, however, they do this without formal proceedings. If an impasse arises, they may suggest that you bring in a neutral third party as a mediator.

Both Lawyers Forbidden to Take Case to Court

As in traditional divorce cases, your lawyer supports you and your spouse's lawyer supports your spouse. But in collaborative family law, both lawyers must also practice collaborative law. Before the process begins, all of you -- lawyers and clients-- formally contract to work together to resolve your divorce issues. Both lawyers are then, by agreement, forbidden to take the case to court. In other words, all efforts are aimed at settlement and because of the full disclosure and mediation like methods utilized, if the parties later chose to "fight it out" in court, they will need to retain a new set of attorneys for litigation purposes. This provides incredible incentive to stay committed to reaching agreements and settling important issues.

Meetings Promote Communication and Cooperation

To reach a settlement using collaborative law, the lawyers initiate four-way meetings between themselves and their clients. The meetings promote improved communications and cooperation and nourish an environment that fosters analysis and reasoning. This helps generate options and creates a positive context for settlement while giving both parties control over the outcome. The commitment to continued cooperation – even if communication becomes difficult -- also increases the likelihood of a solution where everybody wins.

Focus on Mutually Agreed Upon Settlement

Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits.

	It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.
	It establishes a team instead of adversaries. Your lawyer supports you; your spouse's lawyer supports your spouse. But you all work together and, in doing so, retain control of the process.
	In matters requiring expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense.
	You and your spouse shape the agreement together -- which means you both are more likely to keep them. That diminishes the parental conflict the adversarial system generates and helps protect children from facing the anguish and divided loyalties that result.
	You can schedule meetings without waiting for court dates. That means you generally spend less time and, as a result, less money to reach closure. It also means you reduce the fear and anxiety associated with court proceedings.

Your issues stay within the collaborative law setting. That gives more privacy and greater confidentially -- and less stress during an already stressful time.

The Original Collaborative Model and Emerging Team Model Approach

  Sample Agreement (PDF)

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