Collaborative law consists of the two clients and their collaborative lawyers which form the base of the collaborative team. The team may be joined by both a neutral financial practitioner and a neutral mental health professional / facilitator. All lawyers and professionals have specific training and experience in the collaborative process. All parties pledge not to go to court.
Because all parties, lawyers, and neutral professionals pledge not to go to court, the team ensures a safe platform for full-disclosure discussions and negotiations between parties. This is solidified by your attorney’s agreement to withdraw from further representation if a settlement cannot be reached or one of the parties opts out of the collaborative process. This eliminates the risk that information can be used against you if the dispute must go to court.
The collaborative process involves negotiations between both parties with the assistance of the collaborative professionals. This is all done outside the courtroom eliminating the need for hearings, filing of pleadings and formal discovery. Decision-making rests with the parties not a judge and they decide when and where to negotiate. Disputes are resolved based on fully disclosed information in the transparent process.
Since the well-being of both parties, children, and future outcomes are considered, the collaborative process produces no winners or losers in the sense of a combative arena. Instead, it takes all elements into consideration and seeks the outcome that is best for all involved.