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Collaborative Law
Mission Statement: In practicing Collaborative Law, the alternative to protracted and costly court proceedings, we are committed to providing parties effective legal advice in an atmosphere of honesty, cooperation, integrity and professionalism without court intervention.
Collaborative Law:
• Is an out-of-court legal process that allows each party to retain a separate lawyer specially trained in the collaborative law process to help settle Family Law disputes without court involvement.
• Needs the shared belief by participants and their families that it is in their best interests to avoid costly and protracted court proceedings in Family Law matters.
• Is a conflict resolution process whereby the parties and their lawyers sign a contract not to go to Court. The lawyers must withdraw as counsel for the parties if one or both of the parties insist upon bringing matters to court.
• Relies on an atmosphere of honesty, cooperation, integrity and professionalism by the parties and the lawyers.
• Encourages the parties to resolve present and future disputes in a manner that will contribute to the future well being of their children.
• Uses a team approach involving mental health and financial professionals and lawyers.
• Requires the parties and the lawyers to think “outside of the box” to reach creative solutions to family disputes.
• Is cost effective, as the lawyers and consultants do not have to prepare for expensive court hearings.
• Provides an alternative to costly court proceedings, with professionals committed to providing effective legal advice in an atmosphere of honesty, cooperation, integrity and professionalism without court intervention.
COMMITMENTS:
Participants in the Collaborative Method make the following commitments:
• Settle family disputes without court intervention;
• Not to use the threat of litigation or any other legal process as a way of forcing settlement;
• Full, honest and open disclosure of all information;
• Direct all attorneys, accountants, therapists and other consultants to work in a cooperative effort to resolve issues without litigation;
• Eliminate the negative consequences of litigation;
• Protect the respect and dignity of all involved, including parties, children, attorneys and consultants;
• Not to take advantage of each other or of the miscalculations or inadvertent mistakes of others;
• Promote the true best interest of the children regarding custody and time-sharing by reaching an amicable solution;
• Promote a caring, loving and involved relationship between the children and both parents;
• Engage in good faith negotiations, which includes taking a reasoned position;
• If positions differ, all participants will use their best efforts to create proposals that meet the fundamental needs of all interested parties.
BENEFITS
Clients who choose Collaborative Law benefit both financially and emotionally:
• You will minimize the negative impact of divorce on your children;
• You may spend less money to obtain information relevant to a fair division of property and debts, and will not spend precious assets for court proceedings;
• You will have a team of dedicated professionals to coach you through the difficult emotions that occur in a divorce and often inhibit reasoned decision-making;
• You and your spouse will be able to maintain a relationship to have civil interactions with each other in the future.
GETTING STARTED:
First, talk with your spouse about the collaborative process and give your spouse a copy of this brochure;
Second, encourage your spouse to contact one of the attorneys listed in this brochure and set up a consultation to discuss the collaborative divorce process;
Third, you should set up a collaborative consultation with your own collaborative attorney;
Fourth, once you and your spouse have agreed to use the collaborative process, your attorneys will contact each other and you will be on your way to resolving your divorce in an effective, economic and healthy way.
Kimberly A. Schavey
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