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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 battles it out. This can take years to resolve. The parties will each incur substantial legal fees and are likely to end the process with bad feelings about one another.

Mediation is a non-courtroom method of resolving a divorce, child custody, child support, or another family law matter. The two parties meet with a neutral, trained attorney, whose job it is to assist in resolving their disputes. No Judge is involved and no lawyers are “in the room” with the two parties and the mediator. Both parties need to be confident and comfortable “in the room” with the person advising them, have the confidence to speak up and state their needs, and be comfortable with financial documents. If one of the parties owns a business or is in a complex or unusual business, this process might not work because of the issues involved in valuing a business and understanding the documents involved.

What’s the alternative to these processes? Collaborative Law is the alternative. In Collaborative Law (“Collaborative”) the parties agree not to go to court and to resolve their dispute in a peaceful and respectful manner. The party and their collaboratively trained lawyer are “in the room” together. There are also others on the professional team, such as a Communication Specialist, who is Collaboratively trained, and a Financial Neutral. Let me describe this further:

• Collaborative-Trained Lawyer: Not all lawyers can provide services in the Collaborative process. We are extensively trained and members of a local Collaborative Chapter. We take continuing education classes. We participate in collaborative sessions with our clients, providing support and advice throughout the process. The client has the peace of mind of knowing that they will not be “in the room” alone.
• Collaborative-Trained Communication Specialist: This person is an experienced mental health professional who is providing services both in the room as well as before and after the sessions. This professional “keeps the temperature down” in the room and also meets both jointly and individually to assist the parties in working through the inevitable baggage that accompanies divorce, child custody mediation, and/or support matters. 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 in dealing with, reviewing, organizing, and analyzing financial documents. A Collaboratively-Trained Financial Neutral will assist with developing income available for support and providing analysis of 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 both income issues and business valuation issues.
• Other Collaboratively Trained Professionals: If necessary, a Professional Team can include a Collaboratively Trained mortgage broker, real estate broker and other trained professionals.

The Collaborative Process is a non-courtroom process and is a peaceful and respectful way to be divorced. If you’re considering Collaborative Law or exploring other peaceful methods for resolving family matters, working with a dedicated Divorce mediation lawyer can make all the difference. Our experienced team is here to guide you toward a respectful resolution tailored to your unique needs.