Collaborative Law FAQ
Click here for a general overview of Collaborative Law-
Can a Lawyer Represent a Client Zealously If It Is Agreed in Advance Not To Go To Court?
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How is a Lawyer's Relationship With a Client Different in the Collaborative Law Process?
- Where can I find more information about Collaborative Law?
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What is the Goal of Collaborative Law?
The goal or purpose of collaborative law is to offer lawyers and their
clients a structured, non-adversarial alternative to an increasingly
adversarial system of dispute resolution. It guarantees consumers of
legal services high quality, skilled legal counsel to assist in the
evaluation and resolution of a problem, without litigation.
What Are the Benefits of
Collaborative Family Law?
Collaborative family law focuses on all involved parties reaching a
mutually agreed upon settlement of their disputes. The process results
in valuable benefits. It creates a cooperative environment where communication
remains open, which provides a setting where you can work with your
spouse to meet each of your needs and your children's needs. You and
your spouse shape the agreements together thus, you are more likely
to abide by your agreements and maintain a tone of open communication
and reduced conflict in the future. The collaborative process diminishes
the parental conflict the adversarial system generates and helps protect
children from facing the anguish and divided loyalties that result.
A cooperative team approach is utilized instead of the adversarial approach. Your lawyer supports you and your spouse's lawyer supports your spouse, but you all work together and, in doing so, the parties retain control of the process. In matters requiring parenting and/or financial expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense. You can schedule meetings without waiting for court dates and generally spend less time and, consequently, less money to reach closure. The fear and anxiety associated with court proceedings is also avoided and you have more privacy, greater confidentiality, and less stress during an already stressful time.
For Whom is Collaborative Law a Good
Idea?
Consumers of legal services looking for experienced legal counsel and
skilled advocacy, but do not want the stress, threat and cost of litigation.
Not every lawyer will want or be able to practice collaborative law.
Not every case will be appropriate for collaborative law, nor will every
client be interested in avoiding the adversarial contest. For many,
however, the adversarial experience has led to a belief that the commitment
of time, energy, and money to an adversarial case often does not achieve
an outcome which provides a cost effective or even the most beneficial
solution to clients' problems.
Can a Lawyer Represent a
Client Zealously If It Is Agreed in Advance Not To Go To Court?
By entering into the Collaborative Process, lawyers and their clients
have thoughtfully agreed to limit the lawyers' roles to that of providing
representation for settlement purposes only. In stepping out of the
adversarial process, the collaborative lawyer does not give up the role
of advocate for his or her client and none of a lawyer's duties or obligations
to a client are affected by this limitation.
Will my Lawyer Approach a Collaborative
Law Case based upon How my Lawyer Assesses the Likely Outcome of the
Client's Case if it was Litigated?
Although while in the Collaborative Process no party is to threaten
litigation, the lawyers advise as to strengths and weaknesses of the
case and should make an assessment as to the likely outcome if the case
were to be litigated. Application of the law and client's legal rights
are critical in determining the fair and appropriate outcome in the
collaborative process, as well as consideration of many other factors
including costs and risks of litigation.
How is a Lawyer's Relationship
With a Client Different in the Collaborative Law Process?
The lawyer has the same responsibilities to the client as in adversarial
litigation plus some additional duties. The lawyer never ceases to advocate
for what is in the best interests of the Client. In addition the lawyer
is trained in collaborative communication skills which assist in developing
appropriate and, if necessary, creative resolutions to the parties's
issues. Collaborative lawyers encourage a process of cooperation and
respect while effectively serving the client's goals and interests.
How Is Collaborative Law
Different From Mediation?
Mediation involves the use of a third party neutral in facilitating
the negotiation and settlement of a dispute and typically occurs for
a portion of one day - if no resolution is reached, the parties engage
in further protracted litigation. In the Collaborative Process, lawyers
and their clients will communicate and negotiate with or without the
assistance of a third party neutral with a commitment to continuing
the dialogue and involving neutral experts until a satisfactory solution
is reached since litigation is not an option.
What if the Settlement is
Not Achieved Cooperatively? Can a client opt out of the Collaborative
Process?
In the event the parties are unable to arrive at a settlement through
the Collaborative Process (or a party for some reason simply decides
the Collaborative Process is no longer suitable), the lawyers withdraw
from the case and the parties are free to retain other trial attorneys
to pursue their matter in court. The result is that the parties will
have the best representation for each phase of the proceeding and possibly
save time spent in a subsequent, costlier trial.
How can I find a Lawyer
trained in Collaborative Law?
Many of the attorneys at Kessler, Schwarz & Solomiany, P.C. are trained in
Collaborative Law (Barry
Schwarz, Marvin
Solomiany and Jon
Hedgepeth). They can also give you the names of other such
lawyers for your spouse to interview to see if the process is something
they would like to try. The best thing to do is to consult with a Collaborative
Law attorney to see if this process is right for your situation.
Where can I find
more information about Collaborative Law?
The national Collaborative Law Practice website can be found at www.collaborativepracticega.com.
