- What is Collaborative Family Law?
Collaborative Family Law is a process of resolving your divorce
and reaching a marital settlement agreement without going to court.
It is one form of alternative dispute resolution (ADR).
- How does Collaborative Family Law work?
Rather than going to court, the parties and their lawyers commit,
by written agreement, to a series of cooperative four-way meetings,
with early and complete disclosure of assets and income, and the intention
of reaching an agreement on all disputed issues. If they fail to reach
agreement, or either side commences a lawsuit before reaching an agreement,
both lawyers must resign.
- How long does Collaborative Family Law take?
Usually, it takes four sessions. The timing of the sessions is agreed
at each session.
- How much does Collaborative Family Law cost?
The lawyers 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.
- 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 lawyers must resign, and you will lose the money
and time you have invested in trying to reach a settlement. That is
a powerful encouragement to both sides to settle, and one of the reasons
that Collaborative Family Law has a high success rate.
- What is the final outcome of Collaborative Family Law?
The final outcome of mediation is a written agreement. The lawyers
will prepare a comprehensive marital settlement agreement which covers
all of the issues of your divorce. The agreement is the essence of your
divorce and avoids a costly divorce trial.
- How are other experts selected?
The parties and their lawyers 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.
- What happens if we reach an impasse?
The parties can agree to submit impasse issues to a third party decision
maker such as an arbitrtrator, a retired judge, or an agreed upon expert.
- Where can I find a qualified Collaborative Family Lawyer?
Contact the Collaborative Family Law Society below for a list of members.