Understanding Collaborative Law
Collaborative law is a relatively new method for avoiding traditional court proceedings when solving legal disputes. Instead of filing a lawsuit, each party agrees to negotiate in meetings with assistance from their attorneys, therapists, and other experts trained in the subject of the dispute being negotiated. The meetings allow parties to exchange information and discuss the matter, agreeing that nothing they communicate will be used against them in court later. The collaborative law process is based on good faith. By taking a collaborative approach, parties can work closely to resolve issues that would typically lead to time-consuming and expensive litigation.
Collaborative law is often used to settle cases involving intense emotions, like family law cases, wrongful discharge claims, and business partner dissolutions. Most collaborative law cases involve divorce. Because of the nature of emotions involved with divorce, many spouses ignore the potential ramifications of using the court system to fight about relatively minor issues. As a result, the cases can quickly spiral out of control and lead to expensive legal fees that don't make sense. Using collaborative law to settle a divorce case often proves to be a better choice for many couples, especially where children are involved.
Benefits of collaborative law
Collaborative law allows litigants direct control over how the proceedings advance. For example, if a party believes that issues are resolved without proper debate and consideration, they can demand that more time be spent negotiating a resolution that works for everyone’s benefit or that additional experts be brought into the situation to provide professional insight. On the other hand, parties interested in closing the case quickly can compromise on issues and decrease the time it takes to settle the matter. Parties work through the problems at their own pace, not based on the court’s demands.
Collaborative law also protects confidentiality. Parties are not forced to put allegations into notions, pleadings, or other court documents available to the general public. In addition, there are financial benefits for parties who do whatever it takes to make the process successful. If the approach fails, the case will be moved to the court system, and attorneys for both parties and any experts consulted during negotiations must resign. The threat of having to secure new legal representation and the cost associated with it is often motivation enough to make the parties work toward a collaborative resolution.
How it works
The first meeting in a collaborative law case involves both parties and their collaborative law attorney in Orlando meeting to review the terms that will guide the process. They often begin with a standard contract and modify it to their situation before signing it with specific concerns like the types of experts they will hire and how they will handle the costs. Then the group will schedule regular meetings to negotiate resolutions to issues in their case. These issues often include visitation, child support, property division, alimony, etc. Once the parties agree on all matters, the attorneys will draft a stipulated court pleading to resolve the case officially.