Collaborative Law: An Overview
The main purpose of the Collaborative Law Process is to successfully
resolve issues surrounding a family law matter (such as divorce or modification
actions) without the threat of court and in a manner which promotes cooperation,
positive negotiation, and resolution.
Although not all cases are suited for the Collaborative Law Process, Kessler, Schwarz & Solomiany, P.C. understands that the process may be beneficial for particular cases and is able to offer this alternative to our clients.
Barry P. Schwarz, Marvin L. Solomiany, Louis Tesser, David Sarif, Dennis G. Collard and Monica J. Hanrahan are trained in the Collaborative Law Process of resolving family law
issues.
> Click Here For Collaborative Law FAQs
The Collaborative Law Approach to Family Law Issues
Collaborative Law offers a new approach, without litigation, to resolving
the issues surrounding divorce. Divorce can be one of the most difficult
experiences a family can endure. At the end of the process, family members
remain, though living in separate residences and often with different
lifestyles.
Most importantly, when children are involved, they are the innocent victims
of a litigious divorce.
Even when children are not involved, the ill feelings and financial losses
that occur as a result of a litigious divorce action can be avoided if
the parties and attorneys are able to collaborate.
No Threat of Court
Neither the attorney nor the parties will use the Court to resolve disputes
while engaged in the Collaborative Law Process. No documents will be prepared
or filed with the Court without the Agreement of the parties.
If a party decides to withdraw from the Collaborative Law Process, the
attorneys will withdraw and help their respective clients make an economical
and orderly transfer to their new attorney. The experts used and retained
by the parties during the Collaborative Law Process will not testify for
either party in subsequent litigation.
The Parties' Role
- Participate in good faith to reach a negotiated
agreement that addresses both parties' (and the children's) interests
and concerns.
- Make full and fair disclosures to their attorneys, experts, and other
party of all facts pertinent to their situation.
- Communicate respectfully and constructively with each other to settle
their legal matters fairly and economically.
- Contract not to litigate during the Collaborative Law process.
The Attorney's Role
- Advise their respective clients of the law that
applies to their particular situation.
- Cooperate with the other party's attorney to provide all necessary
disclosure and discovery.
- Remain committed to assisting the parties in reaching a fair and equitable
agreement.
- Contract not to litigate while the parties are engaged in the Collaborative Law Process.
Assembling A Team
The Collaborative Law Process begins with the parties committed to reaching
a resolution of the issues facing them in a family law context in a way
that addresses their issues and concerns. The parties and their attorneys
meet in a conference setting in order to present the issues to be resolved
and discuss potential solutions. The parties are committed to make a full
and fair disclosures of all facts pertinent to their case.
If necessary, the attorneys and the parties will retain different experts to assist them. These experts include, but are not limited to financial experts, child psychologists, and therapists for the parties. These experts are trained in the Collaborative Law Process and will give an objective opinion based on information provided to them. The group of attorneys and experts operate as a team working toward positive resolution.
