What is Collaborative Practice?
Margaret L. Anderson, Attorney: About Collaborative PracticeCollaborative Practice is a way for people to resolve their own disputes in an open and respectful manner, by reaching a mutually acceptable settlement. The parties retain Collaborative Professionals such as attorneys, accountants, financial planners, and therapists, who agree to work cooperatively to gather and share all information needed to reach an agreement.
Related QuestionsJennifer Jackson: Family Law Attorney, Collaborative Law and...Collaborative Practice is a new way for a divorcing couple to work as a team with trained professionals to resolve disputes respectfully, without going to court. The term encompasses all of the models that have been developed since Minnesota lawyer Stu Webb created the Collaborative Law model in the 1980s. This model is at the heart of all of Collaborative Practice. Each client has the support, protection and guidance of his or her own lawyer.Related Questions
Collaborative Practice San Mateo CountyCollaborative Practice is a new dispute resolution model in which a divorcing couple works as a team with trained professionals to resolve disputes respectfully, without going to court. This team includes attorneys, mental health professionals and financial experts assisting the parties in resolving their conflict through cooperative strategies rather than adversarial techniques and litigation.Related Questions
Why should I consider collaborative practice for my divorce?
Collaborative Divorce Solutions of Orange County - Frequentl...You may not be able to save your marriage, but you can protect your future and that of your children. Research shows that the method couples choose for pursuing their divorce (non-adversarial or adversarial) will have a powerful impact on the happiness of their post-marriage relationships, including relationships with children and future spouses. It is no surprise that the worst outcomes arise from bitterly litigated divorces. Bad divorces leave a toxic residue that can last a lifetime.
Related QuestionsWhy would I choose Collaborative Practice over other options?
Collaborative Family Lawyers of Central New York: Tompkins C...Collaborative Practice or Do-it-Yourself: There are many legal aspects to divorcing, separating or even working out parenting arrangements that you may not be aware of. There is always a risk to negotiating issues that have legal implications without a good understanding of the applicable law.
Related QuestionsHow is information gathered in Collaborative Practice?
Margaret L. Anderson, Attorney: About Collaborative PracticeThe parties do not engage in expensive legal procedures to obtain information. The parties and their Collaborative Attorneys agree from the beginning that they will share all necessary information and documents voluntarily and in a timely fashion. Hiding documents or unnecessary delays are not permitted. If a party is not acting in good faith and "hides the ball", it is the duty of the attorney to work with the client to change his or her behavior and to withdraw if the behavior continues.
Related QuestionsWhat is the difference between Collaborative Practice and mediation?
Collaborative Practice San Mateo CountyIn 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, 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.
Related QuestionsWhat is Collaborative Law Practice?
Frequently Asked Questions - Massachusetts Collaborative Law...Collaborative Law Practice is a dispute resolution process that provides an alternative to conventional litigation. Both parties are represented by counsel, but the parties and their attorneys agree, in writing, to attempt to settle the matter without litigation or even the threat of litigation. Both parties also promise to take a reasoned stand on every issue, to keep discovery informal and cooperative, to retain experts jointly if they are needed, and to negotiate in good faith.
Related QuestionsWhat is a Collaborative Law Practice Group?
Connecticut Collaborative Divorce Lawyers - Collaborative Di...Collaborative lawyers who have undergone similar training organize themselves into practice groups as a way of ensuring a common basis of professional training, understanding and trust between the practitioners. They frequently meet as a group to problem-solve and discuss unique issues that may arise in a collaboration. This enhances their ability to work together to assist their respective clients when the negotiations become difficult or emotionally-charged.
Related QuestionsHow can I tell if Collaborative Practice would be the best choice for me?
Collaborative Family Lawyers of Central New York: Tompkins C...Collaborative Practice isn’t for every client, but you should consider it if some or all of the following are true for you: You and your partner will be co-parenting children together and you want the best co-parenting relationship possible. You want to protect your children from the harm associated with litigated dispute resolution between parents. You and your partner have a circle of friends or extended family in common that you both want to remain connected to.
Related QuestionsHow are experts or other professionals used in Collaborative Practice?
Collaborative Family Lawyers of Central New York: Tompkins C...Other experts or professionals (“collaborative consultants”) are selected by the clients, with the help and guidance of the lawyers. The Collaborative Law group in Ithaca maintains a list of professionals who have worked successfully within the process or who have expressed an interest in doing so. Clients may also bring in their own collaborative consultants, however there must be agreement amongst all the participants.
Related QuestionsWhat do I do if I want to use Collaborative Practice for my dispute?
Margaret L. Anderson, Attorney: About Collaborative PracticeYou will need to find a Collaborative Attorney whom you can trust to provide you with both quality legal advice and the skills needed to work towards a settlement. You can discuss with the Collaborative Attorney how to approach the other party about choosing the collaborative process, which can include you discussing the idea with him or her, your attorney contacting the other party, or your attorney discussing it with the other party's attorney, if one has been retained.
Related QuestionsWhat is the difference between Collaborative Practice and conventional divorce?
Jennifer Jackson: Family Law Attorney, Collaborative Law and...In conventional divorce, one spouse sues the other for divorce and sets in motion a series of legal steps. These eventually result in a settlement achieved with the involvement of the court. Unfortunately, spouses going through a conventional divorce can come to view each other as adversaries, and their divorce as a battleground. The ensuing conflicts can take an immense toll on the emotions of all the participants, especially the children.
Related QuestionsHow does Collaborative Practice actually work?
Jennifer Jackson: Family Law Attorney, Collaborative Law and...When a couple decides to pursue a Collaborative Practice divorce, they each hire Collaborative Practice lawyers. All of the parties agree in writing not to go to court. Then, the spouses meet both privately with their lawyers and in face-to-face discussions. Additional experts, such as divorce coaches and child and financial specialists, may join the process, or in many cases, be the first professional that a client sees.
Related QuestionsIs Collaborative Practice a faster way to get a divorce?
Jennifer Jackson: Family Law Attorney, Collaborative Law and...Individual circumstances determine how quickly any divorce process proceeds. However, Collaborative Practice can be a more direct and efficient form of divorce. From the start, it focuses on problem solving, not blaming or endlessly airing grievances. Full disclosure and open communications help to assure that all issues are discussed in a timely manner.
Related QuestionsHow does Collaborative Practice focus on the future?
Jennifer Jackson: Family Law Attorney, Collaborative Law and...Divorce is both an ending and a beginning. Collaborative Practice helps each spouse anticipate their needs in moving forward, and include these in the discussions. When children are involved, Collaborative Practice makes their future a number one priority. As a more respectful, dignified process, Collaborative Practice helps families make a smoother transition to the next stage of their lives.
Related QuestionsWhy is Collaborative Practice such an effective settlement process?
Collaborative Practice San Mateo CountyBecause the collaborative practice lawyers have a completely different state of mind about what their job is than traditional lawyers generally bring to their work. We call it a "paradigm shift." Instead of being dedicated to getting the largest possible piece of the pie for their own client, no matter the human or financial cost, collaborative practice lawyers are dedicated to helping their clients achieve their highest intentions for themselves in their post-divorce restructured families.
Related QuestionsHow does Collaborative Law Practice work?
Frequently Asked Questions - Massachusetts Collaborative Law...The process of settlement involves each client meeting privately with his or her lawyer and in "four-way" settlement meetings where both clients and both lawyers are present. In some instances experts, such as divorce coaches and child and financial specialists, may join the process at the client's request. Mutual problem-solving and interest-based negotiation (as opposed to adversarial, positional negotiation) by all the parties leads to agreement.
Related QuestionsWhat are the pros and cons of Collaborative Law Practice?
Frequently Asked Questions - Massachusetts Collaborative Law...Collaborative Law Practice allows parties to negotiate with a lawyer at their side but without the imminent risk of the case proceeding to Court. Furthermore, on average, collaborative law cases tend to be quicker and less expensive for both parties than cases handled without collaborative law, however, this may not be true in every case. Additionally, if negotiations fail, each client will be put to the additional expense of hiring new counsel.
Related QuestionsWhat is the difference between Collaborative Law Practice and Mediation?
Frequently Asked Questions - Massachusetts Collaborative Law...Both Collaborative Law Practice and mediation rely on the voluntary and free exchange of information and a commitment to resolutions that respect the parties' shared goals. In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator does not provide legal representation to either party, and cannot be an advocate for either side.
Related QuestionsWhat does Collaborative Practice do to minimize the hostility often present in divorce?
Jennifer Jackson: Family Law Attorney, Collaborative Law and...Collaborative Practice is guided by a very important principle: respect. By setting a respectful tone, Collaborative Practice encourages the divorcing spouses to demonstrate compassion, understanding and cooperation. In addition, Collaborative professionals are trained in non-confrontational negotiation to help keep discussions productive. The goal of Collaborative Practice is to build a settlement on areas of agreement, not to perpetuate disagreement.
Related QuestionsCollaborative Practice San Mateo CountyWhat if my partner and I can reach agreement on almost everything, but there is one point on which we are stuck.Related Questions
What kind of information and documents are available in the Collaborative Practice negotiations?
Collaborative Practice San Mateo CountyBoth 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. That can happen. It also can and does happen in conventional legal representation. What's different about Collaborative Practice is that the collaborative agreement requires a lawyer to withdraw if his/her client is being less than fully honest, or participating in the process with less than full good faith.
Related QuestionsHow do I know whether it is safe for me to work in the Collaborative Practice process?
Collaborative Practice San Mateo CountyThe Collaborative Practice 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 that. In the end, a dishonest person who works very hard to conceal money can sometimes succeed, because the time and expense involved in investigating concealed assets can be high, and the results uncertain. You are generally the best judge of your spouse or partner's basic honesty.
Related QuestionsWhat if my spouse or partner chooses a lawyer who doesn't know about Collaborative Practice?
Collaborative Practice San Mateo CountyCollaborative practice lawyers have different views about this. Some will "sign on" to a collaborative representation with any lawyer who is willing to give it a try. We believe this to be unwise and do not do so. Trust between the attorneys is essential for the Collaborative Practice process to work. Unless the lawyers can rely on one another's representations about full disclosure, for example, there can be insufficient protection against dishonesty by a party.
Related QuestionsWhat is the difference between Collaborative Law Practice and traditional divorce proceedings?
Frequently Asked Questions - Massachusetts Collaborative Law...In a conventional divorce, one spouse files a complaint for divorce in Court and sets in motion a series of legal steps, such as pretrial discovery, the filing of motions, and a pretrial conference. Although the vast majority of cases filed in Court eventually are settled by agreement (as opposed to a trial), spouses going through a conventional divorce generally come to view each other as adversaries, and their divorce as a battleground.
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