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Collaborative Family Law Keeps You Out Of Court
Maybe you’ve heard, but in case you haven’t, there is a relatively new trend in resolving family disputes calledCollaborative Family Law (CFL). Where traditional divorce litigation tends to be adversarial and focused on producing a winner and a loser, Collaborative Law is designed specifically to keep parties out of court and to reach consensus on a fair settlement.
One of the keys to the Collaborative process is that both parties and their attorneys agree not to go to court. In fact, the attorneys agree that if either client does end up deciding to go to court, both attorneys will with withdraw requiring their clients to retain completely new representation. This leaves clients with the option to go to court, if they determine that the process won’t work for them, but it motivates the attorneys to prevent that from happening by working toward an acceptable settlement.
Another element of CFL is the use of jointly hired neutral advisors such as financial management specialists, real estate agents, parenting/child behavior experts and divorce coaches. While each client has the comfort of knowing that their legal rights are being protected by their individual attorneys, they also have the support of a team of experts whose role is to assess the impact of certain decisions and to propose solutions. In a series of meetings between both parties, their attorneys and sometimes their chosen experts, clients cooperate to define an agreement that aligns with their priorities, interests, goals and needs.
But wait…there’s more. In this cooperative framework, both parties also agree to:
- Act in their children’s best interests to minimize any negative impact that the situation could have on them.
- Be respectful to one another, stay constructive in their communication and to act in good faith.
- Disclose all relevant information to the other party and the Collaborative team, hide nothing that could be material to the negotiation and to refrain from using the other party’s mistakes against them.
- Maintain confidentiality
All this cooperation may sound a bit foreign, scary even, at a time when both parties may feel very vulnerable. Still, practitioners suggest that likelihood of resolution extremely high through this process and that it can be shorter, less expensive and lower conflict process the traditional path.
Realistically, Collaborative Family Law may not be the answer for everyone. Fundamentally, this process requires that both parties be more interested in and capable of trusting and working with rather than against the other party to get the results they’re seeking. But, if you are willing and able, CFL can be an empowering and viable alternative to traditional litigation and a way to set your family up for greater co-parenting success in the future.
For more information, visit:
CollaborativeDivorce.net – International Academy of Collaborative Professionals
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About The Author: Talibah Mbonisi, founder of co-parenting lifestyle company, WeParent, is a Marketer by trade, a problem solver by nature and a mother by grace. She is also an unmarried co-parent navigating the path that will lead to a happy, healthy son, and a fulfilled, balanced Mama and Daddy.
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