Can Collaborative Law Work For You?
Is your first thought “my partner and I can’t communicate about anything, so how would this process work for us?” Collaborative Law is a highly specialized method of negotiating that was developed specifically for the emotionally-charged, complex and nerve-wracking negotiations that must occur when one or both members of a family decide that they can no longer, for whatever reason, live together.
“Four Way” meetings take place between the parties and both of their attorneys. While the goal of these meetings is structured negotiation, the environment is less formal and less threatening than court or traditional adversarial negotiations. The parties are encouraged to explore and resolve their issues together, as they define them, in their voices.
It is important that this process be conducted by attorneys and professionals trained in Collaborative Law. WNC Collaborative Law Group, Inc. members have all received training and are dedicated to helping you through the tough transitions ahead.
How Is Collaborative Law Different?
As in a traditional divorce or custody matter, each party is represented by a lawyer during the collaborative process. However, the parties and their attorneys agree they will not file a contested lawsuit and that they will voluntarily disclose all relevant information. They further agree they will communicate in a respectful and constructive manner as they work together toward resolution of all identified legal concerns. Because they have access to the expertise of their own legal counsel, each party can be confident their interests are protected and they are fully informed of their rights as they negotiate important financial, property, and custody matters. The collaborative nature of the process also allows parties to consider their shared interests, which may include preserving a co-parenting relationship that focuses on the well-being of their children. In some instances, the group may choose to consult together with a financial expert, a child specialist or other professional and use that information in crafting their agreement.
What is the role of my Collaborative Attorney?
Collaborative Law attorneys act both as communication / negotiation coaches for their clients, and simultaneously fulfill their typical role of advising their clients about their legal positions, entitlements and obligations. The lawyers, having agreed not to take part in any litigation that may occur if an agreement isn’t reached, efficiently focus their time and effort solely on settlement, rather than posturing or preparing documents or themselves for court. They help parties gather facts and identify the interests of the other party. Emotional tactics, threats, or abusive communications are all identified, discussed and eliminated. Everyone, including the attorneys, is focused on creating together a stable, fair, legal agreement.
What are the parties' roles in Collaborative Law?
In Collaborative Law, the divorcing couple or parenting partners take a more active roll than in a traditional divorce or custody proceeding. The parties are present and involved in negotiations, they may communicate directly with one another, and they can clearly express their needs. In most participation agreements, the parties agree to treat each other with respect, to gather and share information, and to work towards settlement.
Can Collaborative Law Save Time and Money?
Research indicates that a Collaborative Law divorce can cost less and be more time efficient than a litigated divorce. Each case is unique and a Collaborative Law attorney can help you determine the benefits of using the Collaborative Law process in your specific situation.
Find A Professional
WNC Collaborative Law Group, Inc. is not a law firm, but a practice group of independent law firms and other collaborative professionals. Our members practice Collaborative Family Law in Asheville, Hendersonville, Rutherfordton, Brevard, Marion, and other areas throughout Western North Carolina.