Ending A Marriage Through A Collaborative Process
Our partners are certified to practice collaborative law. Collaborative law is a means of resolving a case without litigation. The one thing that most distinguishes collaborative law from our other resolution efforts is that the parties sign a retainer agreement agreeing that we will either resolve the matter collaboratively or end our representation. This means that if the case goes forward to litigation, the client has to retain a new and different lawyer. In collaborative law, the parties agree to voluntarily disclose all financial documentation and to meet together with their attorneys and joint experts to try to resolve the issues in their case.
Solving Complex Divorces Through Cooperative Law Representation
Cooperative law follows a process that is similar to the collaborative law process. The major difference is that our representation does not end if the case is not resolved before litigation. This means that you can continue with our representation rather than having to retain new counsel, as you would with collaborative law.
We prefer cooperative law to collaborative law for the following reasons: first, we believe this requirement is burdensome to our clients since they must then pay for a new lawyer to review the entire file and proceed to trial. If our client has bonded with us, he or she will not want to go out and search for another compatible lawyer.
Staying The Course Through Your Marriage Dissolution
We believe that having to obtain a new lawyer if the case is not resolved before litigation in collaborative law is unworkable for us, since we consider ourselves first and foremost to be litigators. This does not mean we push cases to litigation, but rather that we view our cases through the lens of what a court might or might not do on a given issue in the case. We believe that the expectation that the case may eventually go before one of our family court judges provides a settlement framework. For example, it is impossible to determine how much alimony or what kind of visitation might be appropriate in a given case without considering what a judge might or might not order at trial.
However, we believe that other components of collaborative law are incredibly useful and have incorporated many of them into our overall practice. When we take on a case as a cooperative law case, our immediate goal is resolution. We immediately set up meetings, first with the attorneys and then with the attorneys and clients, and agree to exchange specific financial documents and other information relevant to the case. We also retain joint financial and custody experts when necessary.
We take all of these steps before we begin formal discovery, which is a much more extensive exchange of information through court pleadings and which is far more expensive. If these efforts do not resolve the case, we then proceed toward formal discovery through court pleadings and ultimately toward litigation.
Benefits Of Collaborative And Cooperative Law
Collaborative and cooperative law offer significant advantages for resolving disputes. Some of these include:
- Amicability: The focus is on reducing conflict by encouraging open communication and mutual respect, which can lead to more amicable solutions.
- Lower costs: They aim to resolve issues without lengthy court proceedings, which is usually more cost-effective.
- Privacy: Discussions and agreements remain private, protecting the parties’ personal and business interests.
Additionally, these methods help preserve relationships, whether personal or professional, by fostering a cooperative environment that prioritizes understanding and compromise.
The Collaborative Law Process
The collaborative law process begins with an initial agreement where all parties commit to resolving their dispute outside of court.
- Disclosure: Each party shares relevant information openly and honestly.
- Negotiation sessions: A series of meetings in which parties, along with their attorneys, work together to find mutually beneficial solutions. Throughout these meetings, the focus remains on collaboration and problem-solving rather than adversarial tactics.
- Settlement: If successful, the process concludes with a settlement agreement that reflects the interests and needs of all involved.
Following the settlement, the parties move forward with their lives in accordance with the settlement details.
The Role Of Attorneys And Experts
In both collaborative and cooperative law processes, attorneys play a crucial role as facilitators and advisors. They guide their clients through the process, representing their interests while maintaining a cooperative atmosphere.
Joint experts, such as financial advisers or child specialists, may be brought in to provide impartial advice. These professionals help clarify complex issues and contribute to informed decision-making. They help everyone arrive at practical, sustainable solutions.
Comparing Collaborative And Cooperative Law
Collaborative law is a structured process where parties agree not to go to court, focusing entirely on negotiation and settlement. It requires a formal commitment from all involved to work collaboratively.
Cooperative law, while similar, allows for more flexibility, as parties can still pursue litigation if necessary. This approach may be suitable for those who want to keep the option of court open.
Ultimately, the choice between collaborative and cooperative law depends on the parties’ willingness to commit to a nonadversarial process and their specific needs and circumstances.
We Can Guide You Through Divorce In Whatever Process You Choose
This is a difficult time for you. We understand and have helped numerous clients through the divorce process so they can start a new life. Call for an initial consultation with our empathetic yet aggressive divorce lawyers by calling 843-769-0311 or requesting an appointment by email. We respond promptly to every communication.
