- Collaborative Law: Representation Without Litigation -
- What is collaborative family law?
- The shared belief by participants that it is in the best interest
of the parties and their families in family law and divorce matters
to commit themselves to avoiding litigation.
- Negotiations, in an atmosphere of honesty, cooperation, integrity
and professionalism, rather than relying on a court-imposed resolution.
- Elimination of the negative economic, social and emotional consequences
to the parties and their families of protracted litigation.
- How does the process work?
- The parties and attorneys commit to:
Settle their case without court intervention;
Give full, prompt and accurate disclosure of all information
pertinent to their case;
Engage in informal discussions and conferences to settle all
issues, including jointly retaining experts, if needed.
- If either party chooses to go to court, both attorneys withdraw
and the parties each retain new counsel. Litigation is not an option
for the collaborative attorneys.
- How is it different from mediation?
- With Collaborative Law, parties meet with their respective attorneys
individually as well as in four-way meetings to exchange information
and explore agreement. With mediation, the parties usually confer
with attorneys outside the mediation sessions.
- Collaborative Law is an alternative to mediation. Some people
prefer it because they have an attorney with them when they are
meeting with the other party.
- How much does it cost?
- It probably costs about the same as mediation and is much less
expensive than litigation. A litigated divorce can cost each of
the parties tens of thousands of dollars.
- Do both parties have to retain Collaborative Law attorneys?
- Yes, each party must retain an attorney who is a member of the Collaborative Law Council, Inc. in the Boston area.
- For a list of collaborative law attorneys, go to www.collaborativelawcouncil.org.
- What if my spouse won't agree to the Collaborative Law process?
- A collaborative lawyer will represent you in your divorce and
will make every effort to achieve a satisfactory result out of court.
If your spouse brings the matter to court, your collaborative law
attorney will refer you to a competent and experienced litigation
attorney.
-- Doris F. Tennant, Esq., Collaborative Lawyer
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