Important Points Regarding the Interrelation Between Collaborative Practice and Family Law

Feel as though you need more information surrounding collaborative practice before making a decision? Here’s a rundown of what you should know!

  • Participation is voluntary, parties freely exchange information with an agreement in place to not go to court, and participants, lawyers, and other professionals partaking in the process must withdraw if someone decides to take the matter to court; yes, each participant will require new legal counsel.
  • Collaborative practice differs from mediation in that it involves both the parties and their lawyers in the negotiating process, which typically helps to keeps settlement at the top of the priority list. Collaborative practice lawyers, who have similar training as mediators, collaborate with their clients and each other to ensure a balanced, constructive, and productive process.
  • Collaborative practice is a non-adversarial methodology in which lawyers agree not to go to court in writing. They negotiate in good faith and collaborate to reach a mutually beneficial agreement outside of the courts. Collaborative practice is intended to alleviate the emotional pressures of a separation while also promoting children’s wellbeing.
  • Respect is the fundamental concept of collaborative practice – this invites people to participate by demonstrating compassion, mutual understanding, and cooperation.
  • Meetings are held and planned to facilitate an open and honest exchange of information as well as a clear understanding of needs and expectations.
  • Every family is unique, as is every example of collaborative practice. The speed with which your divorce proceeds depends on your specific scenario. In comparison to a traditional divorce court case, collaborative practice can be more straightforward and efficient, thereby reducing the time it takes to reach finality.
  • Families’ aims for a smoother transition to the next stage of their life are supported through collaborative practice.
  • Collaborative practice focuses on interest-based negotiations, which implies that in order to create a win-win solution to the parties’ disagreement, this technique focuses on building mutually beneficial agreements based on the parties’ interests, which includes their needs, wants and concerns.

Does this route appeal to you and make you feel at ease? To assist you in making your decision, speak with a member of our staff about your situation today.