Collaborative Law FAQs
Why should retaining Collaborative Lawyers be considered?
This process is generally less costly and time-consuming than litigation.
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You are a vital part of the settlement team.
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All parties are supported by their lawyers and yet they work cooperatively with the other parties and their lawyer(s) in resolving the issues.
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The process is much less fear and anxiety producing than utilizing Court proceedings or the threat of such proceedings.
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Everyone can focus on settlement.
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The possibility exists that the participants can create a climate that facilitates "win-win" settlements.
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The proceeding is much less time consuming. It can be finalized within a short time following the parties reaching agreement, rather than getting bogged down for many months waiting for a court date. You control the proceedings - your destiny is in your hands rather than in the hands of a third party (the court).
Is Collaborative Law the best choice for me?
It isn't for every client (or every lawyer), but it is well worth considering if some or all of these are true for you:
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You want a civilized and respectful resolution of the issues.
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You want to protect your children from the harm associated with litigated dispute-resolution between parents.
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You value privacy in your personal affairs and do not want details of your family restructuring to be available in the public court record.
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You and your partner will be co-parenting children together and you want the best co-parenting relationship possible
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You would like to keep open the possibility of friendship with your partner down the road.
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You value control and autonomous decision making and do not want to hand over decisions about restructuring your financial and/or child-rearing arrangements to a third party, for example, a judge.
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You recognize the restricted range of outcomes generally available in the public court system, and want a more creative and individualized range of choices available to you and your spouse or partner for resolving your issues.
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You understand that conflict resolution with integrity involves achieving not only your own goals but also finding a way to achieve the reasonable goals of the other person and the family.
What is Collaborative Law?
Collaborative Law is a name given to an attitude toward resolving legal disputes and the policies and practices that put that attitude into action. You won't find collaborative law in the statutes or administrative regulations but you will find it in the professionalism and integrity of those who practice law.
What is the Collaborative Law attitude?
The basic attitude marking collaborative law is of solving the problem, not fighting the fight. Simply stated, it is treating the process as a way to "trouble shoot and problem solve" rather than to fight and win. Some people look upon the civil justice system as a place to resolve a dispute they have with another. Collaborative law is what they're looking for.
What areas of the Law are prime for Collaborative Law?
While many areas of the law are good candidates for Collaborative Law, it is most commonly, at this time, used in Family Law cases.
How does Collaborative Law work?
While no two situations are alike, the emphasis in the approach is to find a way in which the lawyers can work with the parties that will achieve a satisfactory settlement in an efficient, cooperative manner. This might include settlement conferences where the parties meet with their collaborative lawyers, a neutral communications specialist, and a neutral financial advisor to work on a settlement. Basically, however, your collaborative lawyers should be committed to finding ways to achieve settlement that will work best in your case. Their philosophy is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.
What is the difference between Collaborative Law and mediation?
In mediation, there is one "neutral" who helps the disputing parties try to settle their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, or lacks negotiating skill, or is emotionally distraught, the mediation can become unbalanced, and if the mediator tries to deal with the problem, the mediator is often seen by one side or the other as biased, whether or not that is so. If the mediator does not find a way to deal with the problem, the mediation can break down, or the agreement that results can be unfair. Collaborative Law was designed to deal more effectively with all these problems, while maintaining as the sole agenda, the same absolute commitment to settlement. Each side has quality legal advice and advocacy built in at all times during the process. Even if one side or the other lacks negotiating skill or financial understanding, or is emotionally upset or angry, the playing field is leveled by the presence of the skilled advocates. It is the job of the lawyers to work with their own clients if the clients are being unreasonable; to make sure that the process stays positive and productive.
What kind of information and documents are available in the Collaborative Law negotiations?
Both sides sign a binding agreement to disclose all documents and information that relate to the issues, early and fully and voluntarily. "Hide the ball" and stonewalling are not permitted.
How do I know if my spouse is not being fully honest?
The Collaborative Law process does not guarantee you that every asset or every bit of income will be disclosed, any more than the conventional litigation process can guarantee you. What's different about collaborative law is that the collaborative agreement requires a lawyer to withdraw if his/her client is being less than fully honest, or participating in the full good faith. For instance, if documents are altered or withheld, or if a client is deliberately delaying matters for economic or other gain, the lawyers have promised in advance that they will withdraw and will not continue to represent the client. The same is true if the client fails to keep agreements made during the course of negotiations.
Just as in litigated cases, there is no guarantee that each party will be completely honest, but there are some protections. The four-way agreement signed by the parties at the outset is a commitment to honesty. No such agreement is signed in a traditional litigated family law case. The agreement also creates the basis for enforcement action or damages if dishonesty is uncovered. In many Collaborative divorce cases, a joint, sworn inventory and appraisement is signed by the parties certifying the extent and value of the parties property. The atmosphere in a Collaborative case is more conducive to honesty because of the civility and reduced animosity that generally exist due to the process used. The parties may not be as tempted to cheat or shade the truth when they have feel like they have some control of the process. In the event that dishonesty occurs and is detected after an agreement is reached, the victim would have the same remedies available to a victim of dishonesty in a regular litigated case.
What happens if settlement can’t be reached?
In the event that the parties are unable to arrive at a settlement through the collaborative-law approach, the collaborative lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in court. The result is that the parties will have had the best representation for each phase of their proceeding.
Why do the attorneys have to withdraw if the process fails?
It is a fundamental element of the process. That requirement ensures that both parties will sincerely work in good faith to settle the case. The cost and inconvenience of hiring new attorneys is a huge incentive for the parties to stay with the process and reach an agreement.
Will it save time or money?
Since these cases are handled on an hourly basis, there is no way to guarantee savings, but there is a great potential for savings if the parties work hard and responsibly. Like about any other family law matter, the amount of time involved, and therefore the cost, depends on how the parties act as well as the difficulty of the issues. The parties have more control over the time commitment than in a litigated case and can avoid the time consumed in court appearances and in the heavy paperwork that often appears in litigated cases.
If a case is unsuccessful and reaches an impasse, there will be considerable expense since both parties will have to hire new attorneys. The knowledge of that is part of the motivation and commitment of the parties to reach a settlement.
How much does it cost?
There is no way to tell how much a Collaborative case will cost. It depends on many factors, especially the complexity of the issues and the abilities and interest of the parties in reaching agreements. There is usually no way to predict how much a traditional litigated family law case will cost either.
How long does it take to finish a collaborative divorce?
That is mostly up to the parties. There is a mandatory 60-day waiting period for a Texas divorce. An agreement can be approved by the court at any time after that. In other family law cases, there is not a minimum time, so the length of time involved depends on how well the parties and attorneys negotiate.
What Types of Family Law disputes can be resolved with Collaborative Law?
Collaborative law can be used for any dispute. It has been used the most often in the family law arena to resolve disputes related to:
- Divorce, Legal Separation or Annulment
- Child Custody/Parenting Plans
- Visitation and Visitation Disputes
- Spousal Maintenance/Alimony
- Child Support, Daycare Costs and College Tuition
- Valuing Assets
- Division of Property
- Division of Debt
- Tax Issues
- Paternity Issues
- Break-up of Same Sex Partnerships
- Guardianships
- Adoption
How do I begin the process?
It takes two willing participants to effectively use the collaborative law process. Since Collaborative law is a relatively new process, your spouse may be reluctant to agree without proper education regarding the benefits of the process.
- Schedule a meeting with your spouse to discuss Collaborative Family Law and share the information from this Web site. Obtain an informational packet from one of the listed collaborative attorneys at no charge, to present to your spouse.
- Review and choose from the list of dedicated collaborative law attorneys practicing law in your state.
- Meet with your attorney to discuss your case and the details of the process.
- Most collaborative law divorces begin with a meeting between counsel and parties to sign a joint collaborative law agreement.
