Collaborative Law is a process whereby both parties commit themselves to resolving their differences justly and equitably without resort or threat of resort to the courts.

Why Collaborative Family Law?
Many attorneys and clients feel that the costs of litigation are out of control. This is most evident in the area of family law, where the personal and financial costs of bitter court fights are staggering. The costs, when measured in lost relationships and lost productivity and fees, far too often outweigh the gains.
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What Is the Goal of Collaborative Family Law?
The goal of Collaborative Family Law is to offer attorneys and their clients a structured, non-adversarial alternative to an increasingly adversarial system of dispute resolution. It guarantees the parties skilled legal counsel to assist in the evaluation and resolution of a problem, without litigation. back to top


Who Practices Collaborative Family Law?
Attorneys who practice Collaborative Family Law are specially trained, have practiced law for at least five years and have focused on family law. Attorneys who practice Collaborative Family Law are committed to the process. They receive special training that encourages mature, cooperative and non-combative behavior. They treat both parties as participants in the settlement team. They formally pledge not to take the case to court. Attorneys who practice Collaborative Family Law protect the privacy and dignity of all involved in the process. back to top


How Do Collaborative Family Law Attorneys Work?
While no two cases or collaborative attorneys are alike, the emphasis in the approach is to find a way in which the attorneys can work with the parties that will achieve a satisfactory settlement in an efficient, cooperative manner. Basically, however, your collaborative attorneys are committed to finding ways to achieve settlement that will work best in your case. Their philosophy is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial. back to top


If I Agree to Collaborative Family Law, Am I Bound by It?
You are not bound until you sign a final agreement. But if you decide to quit, then both attorneys must resign, and you will lose the money and time you have invested in trying to reach a settlement. That is a powerful incentive to both sides to settle, and one of the reasons that Collaborative Family Law has a high success rate. back to top


What Is the Final Outcome of Collaborative Family Law?
The final outcome of Collaborative Family Law is a written agreement. The attorneys will prepare a Marital Settlement Agreement which covers all of the issues of your divorce. The Agreement is the essence of your divorce and avoids a costly trial. back to top


How Much Does Collaborative Family Law Cost?
The attorneys charge their normal hourly rates. If other experts are need, for example a real estate appraiser or a financial planner, the parties agree on those costs. Usually, the cost of Collaborative Family Law is far less than the cost of litigation. back to top


What is the First Step?
It takes two willing participants to effectively use the Collaborative Family Law process. Since Collaborative Family Law is a relatively new process, your spouse may be reluctant to agree without proper education regarding the benefits of the process. The steps to institute the process are as follows:

1. Schedule a meeting with your spouse to discuss Collaborative Family Law. If you are currently unable to meet with your spouse to discuss the matter, present the proposal to use Collaborative Family Law in written form.

2. Each party selects their own attorney trained in Collaborative Family Law.

3. Meet with your individual attorneys to discuss your case and the details of the process. back to top


How Are Other Experts Selected?
The parties and their attorneys agree to one expert for advice on specific issues such as a mental health professional for custody and visitation issues, or a business appraiser to value a business. This saves money over the litigation process where each party may hire their own experts. back to top


What Happens If Settlement Can Not Be Reached?
In the event that the parties are unable to arrive at a settlement through the Collaborative Family Law approach, the collaborative attorneys withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in court . The result is that the parties will have had the best representation for each phase of their proceeding. back to top


Why Should We Consider The Collaborative Family Law Process?
•  The process is generally less costly and time-consuming than litigation.

•  Each party is a vital part of the settlement team.

•  Each party is supported by their own attorney and yet work cooperatively to resolve the issues.

•  The process is much less fear and anxiety producing than utilizing Court proceedings or the threat of such proceedings.

•  As part of the process all participants agree to insulate the children from the proceeding and to act ins such a way as to minimize the impact of the divorce on them.

•  It creates a cooperative environment where communication can remain open, which provides a setting where you can work with your spouse to meet your children's needs – regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.

•  The parties agree to implement outside experts where necessary in a cooperative fashion and share the costs related to those experts. (eg. real estate appraisers, business appraisers, parenting consultants, vocational evaluators, or accountants)

•  Each party agrees to honestly and openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation or an inadvertent mistake. Instead, such errors are identified and corrected.

•  Each party agrees to act respectfully and avoid disparaging or vilifying any of the participants.

•  Everyone can focus on settlement without the imminent threat of "going to Court".

•  The possibility exists that the participants can create a climate that facilitates "win-win" settlements.

•  You and your spouse shape the Agreement together which means that you both are more likely to abide by the Agreement. This diminishes the parental conflict the adversarial system generates and helps protect the children from facing the anguish and divided loyalties that can result.

•  The proceeding is much less time consuming. It can be finalized within a short time following the parties reaching agreement.

•  The parties control the proceedings - your destiny is in your hands rather than In the hands of a third party (the courts).

•  Your issues stay within the Collaborative Family Law setting. That gives you more privacy and greater confidentiality and less stress during an already stressful time.

•  Most cases settle. The Statistics state that more than 90% of all divorce cases are resolved without a trial. In the Court system that resolution often comes more than a year after the divorce was commenced and after many hurtful statements have been made part of the public record in the form of motions. Doesn't it make more sense to seek that resolution before the bridges are burned and the missiles are launched in a courtroom? Certainly, Collaborative Family Law will not work in every case. After all, it takes two to willing participants to effectively use the Collaborative Family Law process. However, in the cases where Collaborative Family Law has been used, even if reluctantly, there have been more rapid settlements at a fraction of the cost associated with normal divorce proceedings. back to top


How Can I Participate in Collaborative Family Law?
To find out more about Collaborative Family Law, you can access one of the following web sites:
www.collaborativefamlaw.com
www.collaborativedivorce.homestead.com

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