Collaborative law is a distinct form of legal practice in which two lawyers represent both parties, focusing on resolution and solving problems. If all matters are not resolved, the lawyers and any retained neutral experts withdraw.
Both Cooperative and Collaborative law utilize one neutral expert per subject matter, as reasonably required, not forensic experts. However, in Cooperative law, if an impasse results and court is required, the lawyers may continue to be engaged in the court process, utilizing the judge as an additional resource of cooperation.
The International Academy of Collaborative Professionals is found online at www.collaborativepractice.com. The group comprises national and international professionals, legal, mental health and financial, working together in creating a client-centered process resolving conflict.
In A Combative Divorces, There Is Only One Loser
The whole family. A divorce does not always have to be a combative experience. In many cases, Collaborative Divorce is the answer a method of marriage dissolution that emphasizes:
We work hard to maximize harmony and a mutually beneficial outcome.
Divorce can be an opportunity for the family to actually heal and provide a new, restructured family with an understanding of future roles and needs. Instead of destroying families financial well-being and goodwill toward each other, the collaborative process promotes a restructured, well family and promotes the reality that families are forever and relationships can be protected from further damage.
The ability for the family to move on in their new lives in a positive way is the main focus. Children are not fought over or put into the middle as pawns or objects to fight about.
Even under the best circumstances, divorce is an emotionally difficult experience. Living through it by way of the adversarial court system, where lines are drawn, positions are taken, demands are given and the court makes the final decisions for the family members is potentially devastating to the healing process. Take the high road and and learn about Collaborative Divorce.
There are other problem-solving, client-centered protocols in addition to Collaborative Divorce.
Cooperative Divorce is another process which is often a good choice for many families transitioning from marriage. A main difference from Collatorative Law is the ability to retain your lawyer if all matters are not fully resolved. The lawyer may continue to represent the client in court. Cooperative Law can be accomplished pre-suit and in advance of initiating the filing of court papers or after the filing of court papers.
Mediation is another dispute resolution process which is often chosen by clients. Courts in Southwest Florida require that all cases which do not settle out of court must be mediated. However, parties may choose to have mediation from the outset of the process.
The main point to understand and to consider is the client has process options upon considering a divorce and is not required to engage in adversarial or court process upon commencement of a divorce. Persons may elect a more humane, less costly, more discreet process if that will work for both parties.