Friday, January 11, 2013
What is Collaborative Law?
Collaborative Law is a new and innovative method of settling family law disputes that seek a "win-win" solution for both parties.
Collaborative Law is a process whereby both parties and their counsel commit themselves to resolving their differences justly and equitably without resort, or threat of resort, to the courts. The attorneys must withdraw if the case is not settled and the parties go to trial. Therefore, the parties and the attorneys are motivated to reach a settlement without court intervention.
It has become the preferred method of family law dispute resolution in many jurisdictions because the process is more humane and promotes the post-divorce spiritual, psychological and financial health of the restructured family.
Collaborative Law relies on an atmosphere of honesty, cooperation, integrity and professionalism geared toward the future well-being of the family. The parties engage in informal discussions and conferences to settle all issues.
Collaborate Law requires each party and each attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties, and, if necessary, to compromise to reach a settlement of all issues.