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Collaborative
law is a new approach to resolving the legal issues surrounding
your divorce/separation that is gaining popularity. The premise
of collaborative law is to allow for a peaceable resolution
through a process of joint participation versus the adversarial
system that everyone expects. Collaborative law itself is not a
type of law but rather a process of working toward a mutually
agreeable solution to the issues before a couple as they
separate taking into account the family.
With the
collaborative law process, each party has there own attorney and
the attorneys for both the parties and the parties all meet in a
joint four-party conference and work towards a settlement.
During the process there may be numerous four-way conferences
before a final settlement can be reached. The final settlement
once reached will be drafted and may be in the form of a
separation agreement or a consent order.
The
process begins by all parties entering into a collaborative law
contract whereby each party commits to working toward an out of
court settlement of the case and this is usually done at the
first four-way conference. The parties will agree to employ
joint appraisers, accountants or other such professionals thus
alleviating unnecessary costs. At the end of the process if the
process is successful the parties will draft the documents
needed to finalize the agreement. If the process is unsuccessful
and the case proceeds to court, the attorney’s must withdraw
and assist the parties in finding new representation as part of
the agreement. This allows there to be open and frank discussion
during the meetings. Another alternative to the parties going to
court can be agreed by the parties in the initial collaborative
law contract. This alternative would be that if the process does
not provide a resolution, the parties would submit to binding
arbitration and employ a third party to hear the case. This is
usually more cost effective and timely for all involved.
The
benefits to the collaborative law process are that the parties
are involved in all aspects of the settlement procedure for
start to finish. In addition, information necessary to
effectuate the settlement of the case is freely shared prior to
and during each four-party conference. Finally, the costs of the
collaborative process can and should be substantially less than
that of a traditional litigated case because the attorney’s
time will be minimized by not having to prepare a case for
trial.
As with
everything in life, each case should be evaluated to determine
if the collaborative process will work for your family. There
are going to be situations where anger, bitterness and
resentment may be too great to proceed with a collaborative
case; however, if the parties are able to work through these
emotions and look at the big picture of resolving a case, in the
end they will find that the collaborative process is quicker,
cost effective and a winning alternative to the traditional
approach of divorce law.
It is important to make sure that your attorney has been properly trained and is affiliated with a collaborative law group. If both parties are interested in the collaborative process then, they should chose attorneys that have been through sufficient training to facilitate an effective collaborative law setting. Our firm is affiliated with the Wake Collaborative Family Law Group and have undergone extensive training in the collaborative law setting such that we will be able to make your collaborative law process positive and rewarding. The ultimate goal of the collaborative law process will be working toward a fair settlement for the family.
If you are
currently involved in divorce or foresee one, it is important
that you know the law that are there protect your rights and
your children. Please contact our office today for legal help in
your separation, divorce or child custody matters. The Williams
Law Group, PC will use proven legal strategies, strong evidence
and aggressive negotiating to ensure that you present the
strongest case. We can be reached at (919)773-1440 or via email
at: info@NCDivorcelaw.com |
