Collaboration

In a collaborative law case, I am representing one party as his or her attorney of record, and the other party has a separate attorney of record who is also a collaborative law attorney. However, all four of us have agreed that the case shall be resolved outside of the court system, and that we shall, through a step-by-step process, resolve all issues by agreement. The case progresses in this fashion and shall have no direct court involvement. Often, other professionals are used to help with this process, as needed. Examples would be using a financial expert for valuation issues or tax advice, or using one or more mental health professionals as coaches for one or both parties, or to work with both parties to resolve parenting plan or custody issues. This method of resolving a case is most often used in a divorce but it could be any family law case.

I usually recommended this option for parties with substantial assets and where one (or both) parties are more comfortable having his or her own attorney for advice on an individual, private basis. There is an increasing number of family law attorneys who have completed collaborative law training, and the attorneys chosen by each party should have had some training in this subject (although it is not absolutely required but your success rate is increased). In the event the case becomes contested, either party may terminate the collaborative process. Both parties would then hire different attorneys to represent them in the contested case. The collaborative attorneys are no longer involved at all. The costs you incur in a collaborative case are usually more than for mediation, but usually less than in a contested case.