The collaborative approach to resolving family legal matters is often preferable, as the goal of the collaborative process is to preserve relationships and to pursue resolution by agreement, rather than through the court system.
To begin the process of a collaborative divorce, both parties must agree to resolve matters outside of court. The parties will select collaboratively trained attorneys and will execute a Participation Agreement, setting forth the “ground rules” for the collaborative process. Some of the typical “ground rules” for the collaborative process include, but not limited to, the following:
- Neither party will threaten litigation.
- Communications shall be respectful and constructive.
- Communications at meetings shall be focused on economic and parenting issues and constructive resolution of those issues.
- The parties agree to discuss settlement with each other only at the settlement meetings.
- The parties shall make an effort to promote the children’s best interests.
- The parties shall uphold a high standard of integrity and will not take advantage of mistakes, errors of law, miscalculations or inconsistencies.
- The parties will act in good faith and shall disclose all relevant information.
- If necessary, the parties shall jointly retain experts, such as accountants, appraisers, psychological professionals, etc.
- Attorneys and experts who participate in the collaborative process and not permitted to handle the case if the parties ultimately determine that resolution through the courts is necessary.
The collaborative is attractive because it provides a voluntary means of dispute resolution that focuses on the needs of the parties, and their children, and involves a commitment not to litigate the dispute.
If you think that you may be interested in resolving your family matter using the collaborative process, this office’s collaboratively trained family attorneys can give you more information about this alternative to litigation.