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How It Works
Early intervention: Prior to filing any documents in court, early participation by clients, with their attorneys, allows for analyzing problems, generating options, and creating a positive context for settlement. Signing a Participation Agreement begins the process.
Four party Conferences: Parties and their attorneys meet together to identify and work through each issue. Attorneys are specifically trained to support their clients in reaching a fair agreement, while also representing their client’s best interests.
Team Approach: When appropriate, the individualized process can include the use of financial professionals, divorce coaches, and/or child specialists. The use of these experts can increase the efficiency of the process and quality of the resulting agreement.
Court Approves Your Agreement: Once all the issues in the case have been resolved, a formal agreement is drafted and legal proceedings are filed with the Court. The parties then go before the Court to have a Judge approve the legal agreement document. Your process of arriving at agreement stays private! Only generic pleadings and the final agreement are filed.
Benefits of Collaborative Law
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You are in control, not the Court; |
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Child-centered: Future family relationships remain in focus during the entire process; |
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Less costly: The communication is more efficient, so the process is less time-consuming; |
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Discreet process: The collaborative process keeps your business private. Only generic pleadings are filed with the Courtin order to finalize your agreement; |
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Cooperative approach with custom solutions: The process promotes creative, win-win solutions tailored to your family and emphasizes respectful communication; and |
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Problem solving skills: Families learn constructive skill methods that empower them to better handle future complex and stressful situations. |
Drawbacks of Collaborative Law
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Parties reach an impasse: If the parties reach an impasse, the attorneys must withdraw and the parties must continue the case with new counsel; and |
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Some good faith required: The exchange of information and temporary agreements are voluntary and premised upon the good faith of each party. If one party is withholding information or chooses to ignore a prior agreement, there is no “higher authority”, such as a Family Court Judge, to force them into compliance, until the case is finalized. |
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