FAQs
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Why Collaborative Law?
How does Collaborative Law compare to Litigation?
Litigation points toward a trial with a winner and loser. It is an adversarial system, in which each party presents his or her best case so the judge can decide which party wins. Most lawyers will try to settle your case before trial, but they must be prepared for trial if the case does not settle. The process produces a greater risk of fighting and polarization with greater costs.
In both processes, you have an attorney representing you at all stages.
Parties who are able to settle their case through Collaborative Law generally report greater satisfaction with the process, less polarization and acrimony, better preservation of ongoing relationships. They also have the ability to customize their agreements. They also generally spend less money on attorneys than cases that result in contested court appearances.
On the other hand, Collaborative Law is not appropriate for everyone. Sometimes, the parties need to resolve the terms of their divorce through litigation.
How does Collaborative Law compare to Mediation?
The biggest difference between Collaborative Law and Mediation is in who guides the process. In Collaborative Law, the clients have lawyers that guide the clients through the process. In Mediation, the Mediator or Co-Mediators, guide clients through the process, and the client often do not have lawyers present during mediation sessions.
What are the disadvantages of Collaborative Law?
You should consult a professional who will give you help and straight talk about the best process fit for you.
What is a Participation Agreement?
The purpose of this disqualification agreement is to allow the Collaborative Lawyers to focus exclusively on negotiating a settlement agreement using collaborative principles and practices. The parties benefit, because the lawyers can maintain their focus and stick to their goal if they do not have to worry about becoming adversaries.
Do I have to agree to terms I don’t want?
Do I have to go to court?
Will Collaborative Law allow us to obtain an amicable divorce?
That does not mean Collaborative Law will be free of conflict. The parties and lawyers need to be realistic but respectful. The parties have brought conflict with them, and there are always challenges to creating a mutually acceptable settlement agreement. Collaborative Law offers the parties and lawyers a framework for reducing conflict and maximizing cooperation so they can successfully achieve agreement.
Is Collaborative Law faster? Less expensive?
The reasons are simple. In Mediation there is usually one active professional (with lawyers may consulting on the side). In Collaborative Law there are two lawyers who are present at all stages of the process. And in Litigation there are two lawyers who have to follow procedural and evidentiary rules and prepare the case for trial, even if most cases settle before trial.
But these are general rules of thumb and really depend on many factors.
Should I choose Collaborative Law?
- I want to maintain respectful communications with my spouse or partner, despite the problems we are having
- I want to keep the needs of our children as a top priority
- I am willing to listen to the needs of my spouse/partner; at the same time, I will be willing to voice my own needs and concerns.
- I will do my best to keep an open mind so that we can work creatively and cooperatively to find an agreement that best satisfies all our needs and issues.
- I know it is important to engage in the process of creating a solid plan for the future, even though that might be difficult with the emotions I am experiencing.
- I know it is important to handle my difficult emotions skillfully. I am willing to get help if needed.
- I agree to behave ethically toward my spouse/partner because that is the type of person I wish to be at all times.
- I choose to maintain control of the divorce/separation process with my spouse/partner. I do not want to turn the big decisions in my life over to the courts.
- I want the assistance of a lawyer to helping me through the process and to negotiate a settlement agreement.
This last factor is the biggest difference between choosing Mediation or Collaborative Law. All the other factors apply to both processes, and distinguish both processes from Family Law Litigation.
The best process fit for you and your family depends on many factors. Please consult a professional who will give you non-biased, straight advice about the best process fit.