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COLLABORATIVE LAW-THE COMPONENT PARTS OF A PROFESSIONAL TEAM
Litigation….mediation…collaborative law. Three distinctively different styles of resolving a family Law matter. In litigation, or going to court as it is more commonly known, each party hires a lawyer and the parties battle it out. This can take years to resolve, and the parties will each incur substantial legal fees and likely end the process with negative feelings about each other.
Mediation is a non-courtroom method of resolving divorce, child custody issues, child support, and other family law matters. The two parties meet with a neutral attorney who assists them in resolving their disputes peacefully. No judge is involved, and no lawyers are in the room with the two parties and the mediator. This relaxed environment allows both parties to be more comfortable speaking up and stating their needs. However, mediation may not be ideal if one party owns a business, as business valuation is best handled with litigation.
What is the alternative to mediation and litigation?? Collaborative law is the alternative. In collaborative law, the parties agree not to go to court and to resolve their dispute in a peaceful and respectful manner. The parties and their collaboratively trained lawyers work out disputes with the help of communication specialists and financial neutrals.Let me describe these roles further:
- Collaborative Trained Lawyer: Not all lawyers can provide services in the collaborative process. We are extensively trained, belong to a local collaborative chapter, and take continuing education classes. During collaborative sessions with our client, we provide support and advice for peace of mind.
- Collaborative Trained Communication Specialist: Collaborative communication specialists are experienced mental health professionals who provide services in the mediation room as well as before and after sessions. They keep mediation civil and meet with parties jointly and individually to help them work through divorce, custody, and child support matters. I like to say that the communication specialist is the “straw that stirs the drink”, keeping the matter moving forward in a constructive and peaceful manner.
- Collaboratively Trained Financial Neutral: Many times, one or both parties may not be comfortable dealing with financial documents. A trained financial neutral will analyze the income that can be derived from assets after they are allocated between couples. If a party owns a business, the financial neutral will gather documents in order to analyze income issues and business valuation issues.
- Other Collaboratively Trained Professionals: A professional team may include a collaboratively trained mortgage broker, real estate broker, and other trained professionals if necessary.
The collaborative process occurs outside of courts and is a peaceful and respectful way to negotiate divorce. Let me know if we can discuss this further.
