The Alternative Path to Resolution
Collaborative Law
In Collaborative law, parties agree to fully disclose information relating to their assets and debts. If necessary, in addition to the two lawyers an inter-disciplinary team process can include one or more of the following: a parenting mediator, child specialist, divorce coach, mediator, or a neutral financial professional (either a financial planner or certified business valuator) This helps prepares clients to participate in the settlement meetings including coaching clients on how to listen respectfully and how to speak to increase the likelihood of being heard to help with the joint drafting of a Separation Agreement by both lawyers (and signed by clients)
If parties are unable to reach an agreement through the collaborative process, they agree to retain new counsel going forward.
Urban Family Law is happy to assist our clients in the process of moving families forward by offering collaborative practice as an alternative to going to court or mediation. Elizabeth is experienced and Collaboratively trained with a commitment to representing clients in this process.
Collaborative Practice Is…
- A process that requires two collaboratively trained lawyers. The Collaborative training is typically two to five days depending on the jurisdiction.
- A process that requires a Participation Agreement to be signed. This agreement has a disqualification clause which means the lawyers must withdraw as lawyers if the matter proceeds to litigation. The Participation Agreement also contains a positive obligation to maintain the status quo with respect to parenting and finances. This is paired with a requirement for full and voluntary financial disclosure.
- An interest-based negotiation process where interests and the law matter.
- Communication protocols for lawyers and the team. An example of this is telephone calls in the place of letters.
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- Focused settlement meetings with clear agendas and post-meeting process notes.
- A closed settlement process; meaning what happens in the Collaborative Process stays in the Collaborative Process. This is aside from the ‘hard’ disclosure documents such as tax returns and agreed upon valuation reports, etc. This is the same as a closed mediation process.
- An inter-disciplinary team process which means that in addition to the two lawyers, the team can include one or more of the following: a family professional, a mediator or a neutral financial professional – either a financial divorce specialist, or a certified business valuator.
- A preparation for clients to participate in the settlement meetings, which includes coaching clients on how to listen respectfully, and how to speak to increase the likelihood of being heard.
- A finish with the joint drafting of a Separation Agreement by both lawyers and signing by the clients.
Collaborative Practice Is Not…
- A way for clients to avoid financial disclosure.
- A way for clients to avoid legal responsibilities.
- A process that allows clients to hide behind their lawyers.
- A process for lawyers to advocate using positional bargaining tactics (threats, delays, and ultimatums).
