Collaborative law refers to a legal process that helps couples who want to end their marriage work with the guidance of collaborative professionals, such as legal and financial experts or divorce coaches. Couples choose this practice in order to avoid facing uncertain outcomes in court and negotiate an agreement.
The collaborative law processes bring a mutually beneficial consensus that can result in an amicable outcome. In addition, the process helps to reach a settlement that meets the particular needs of the couple and their children, avoiding litigation risks. Collaborative law divorce is popularly known as a collaborative practice that arises in family law and divorce.
What Is Collaborative Divorce In Family Law?
Divorce can be challenging for every couple; therefore, many marriages may opt for traditional divorce practices. However, divorce collaborative is an alternative practice that takes a team approach. Each of the parties will have collaborative lawyers who bring up different subjects in order to settle disputes calmly.
The practice helps minimize the expenses, anxieties, and time that may accompany divorce cases. Nowadays, couples choose mediation or collaboration before going for formal court proceedings.
A matrimonial dispute resolution process that involves counsel and the two parties committing themselves to settle their disputes equitably and fairly, without any threat or involvement in the court process.
Understanding The Collaborative Divorce Process
There are several steps in a divorce collaborative procedure; moreover, these steps may vary depending on the case. Nevertheless, most cases have similarities. Each spouse will hire an attorney who has experience in negotiation and clarity on the nature of the process. Additionally, both sides sign an agreement that outlines when they can withdraw in the event of further disputes and determines whether the case should proceed to litigation or not.
The rest will depend on the type of case; for example, if it is a division of assets, you will need to gather evidence of marital property. First, you should discuss your approach with your legal professional. After that, there may be group sessions necessary for resolving disputes. If both parties reach a joint agreement, they can settle mutually. In another case, the case will go to trial.
The Benefits Of Collaborative Process
Several reasons have contributed to the increase popularity of collaborative divorce practice, such as:
- It is an ideal option for those who fear the mediation process.
- The couples can use collaborative strategies to solve their issues, in comparison to adversarial techniques.
- The method brings a positive approach to settlement rather than traditional representation, helping to lay an adverse impact on mental health and enhancing a practical problem-solving approach.
It is a cost-effective and respectful way to reach an agreement that works for both families and the couple. It’s an effective process that helps ensure everyone can come away feeling satisfied with the results.
Collaborative Mediation: Things You Need to Know
Collaborative mediation requires both parties to be willing to communicate, compromise, and negotiate. The goal of this approach is not to come out with a winner or loser; rather, it should focus on finding solutions that benefit all the individuals involved.
Mediation processes are often informal and confidential, which means that spouses can feel comfortable discussing their concerns without worrying excessively about legal action or public scrutiny.
The approach will focus on the rights, needs, and interests of all parties. Mediation involves consultation, a sit-down phase, an opening phase, communication, and problem-solving. It helps couples to make decisions in a comfortable environment and is often preferred to other legal options.
Collaborative Divorce vs Mediation
Both methods of mediation and collaborative divorce allow one to settle a dispute without involving the court. One of the differences between these two methods is that mediation does not require lawyers; however, collaborative divorce does. Furthermore, mediation is a more informal process with one mediator while collaborative divorce has both parties and their lawyers in charge.
It is also important to note that collaboration requires more commitment and trust than traditional mediation processes. Moreover, the results of a collaborative divorce may vary based on the decisions of both parties.
Finally, collaborative divorce is beneficial for those who want to maintain control over their financial and personal affairs in the long run. It can provide for more successful negotiations instead of arguments and provides an opportunity to make well-informed decisions that are mutually beneficial.
|Cost||More expensive||Less expensive|
|Lawyer||Lawyers advocate for their clients||Parties speak for themselves|
|Time to complete||About the same as mediation||About the same as collaborative divorce|
|Decision making||Lawyers maintain control in proceedings.||Parties have more control in proceedings.|
Need Help With Your Family Law Case?
If you are looking for help with your family law case, then we can help. We understand that every situation is unique and requires a tailored approach. A Philadelphia divorce lawyer will provide guidance and support throughout the process of negotiating terms in order to reach an agreement that works for everyone involved.
Whether you need assistance navigating through the collaborative divorce process or need advice on how to go about mediating a case, we can help. Contact our office today and schedule a free case consultation to find out how we can help you and your family.