I. Description
Collaborative Family Law is alternative dispute resolution
process. It is an integrated, cross-disciplinary team approach
that can be used to resolve any or all issues related t o a
divorce - property division, support, custody, and divorce.
II. The Process
A. Contractual commitment of the parties, their respective
lawyers, and any other professionals engaged by the parties
not to litigate.
B. Attorneys and the parties execute retainer agreements not
to litigate.
C. Sole purpose and goal is settlement,- an agreement meeting
the legitimate needs of both spouses to the maximum degree possible.
D. Commitment to full voluntary and early disclosure of assets,
liabilities and income.
E. If either party initiates litigation, both attorneys must
resign.
F. Team of Professionals may include:
1. Domestic Relations Lawyers
2. Therapist coaches for each party
3. Mutually selected neutral financial advisor
4. Mutually selected neutral estate planner
5. Mutually selected child specialist (mental health professional)
6. Mutually selected business evaluator or licensed appraisers
as needed
7. Any other agreed upon mutually selected professional as
needed
G. Professional team members are specifically trained in Collaborative
Law
H. Negotiations usually conducted through a series of four
way meetings.
I. Allows for creativity and brainstorming in fashioning acceptable
settlements.
J. A “family friendly” alternative dispute resolution
process.
K. Articulation geared to real needs and interests - not positional
bargaining.
L. Combines the commitment to settlement of mediation, but
allows individual legal advocacy and counsel of lawyers who
are involved. Also includes conflict management and guidance
of counsel throughout negotiations.
