Collaborative Law for Family Law
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"Collaborative Law" is a recent addition to Alternative Dispute Resolution techniques. It is designed to be less adversary than traditional divorce practice, with the goal of attempting to address each party’s needs in more detail than is possible at mediation or in trial.
The distinguishing characteristic of Collaborative Law is that the attorneys and clients agree that if the process is not successful, the attorneys will withdraw, and the clients must obtain other counsel for litigation.
The Collaborative Law process begins with each of the spouses choosing an attorney. Then, a series of meetings between counsel and the parties begin. These meetings commonly are called joint sessions.
In Collaborative Law, the parties and the attorneys schedule a series of informal meetings at which all four will be in attendance, allowing discussions to be interrupted and resumed later if difficulties or tension arise, with no significant time or momentum being lost before the next meeting.
Lawyers using a collaborative approach agree not to litigate the divorce if a settlement is not reached, removing the incentive for a "win at all cost" approach by either side. Discovery is supplanted by an agreement among the parties to voluntarily disclose information, and parties pledge to work to resolve the case in a manner acceptable to both spouses.
Texas attorneys are ethically prohibited from representing both spouses in a divorce. Because of the emotional and subjective nature of divorce, it is important for each spouse to have and objective and professional guide through the process. You might think there would be an advantage to your being the only party with counsel. However, one attorney may not advise both spouses. A common metaphor for Collaborative Law is that of white-water rafting. Just as in white-water rafting, you need an experienced guide - one who has navigated the waters for a considerable period of time with a considerable degree of success. The guide will assist you toward your destination, but will know when to direct you to pull your oar out of the water and how to maneuver you through the turbulent eddies.
Generally, the filing for divorce is an agreed upon event, planned by the two spouses and facilitated by the attorneys. At the conclusion of the settlement meetings, the necessary legal documentation for marital dissolution, asset distribution, and child conservatorship will be prepared and filed by the attorneys, and the date for appearing in court with the agreement will be scheduled at a time convenient for all.
Since one of the tenets of Collaborative Law is that the process is conducted with civility in private settings, rather than with hostility in the public arena of the courthouse, the longstanding relationship of the attorneys acts as an enhancement to successful settlement of your case.
Posted by Jimmy Verner
Tags: Collaborative Law