The "collaborative law concept" is new to Texas, but has established itself as a
viable
alternative to divorce litigation around the country. Instead of a typical
divorce where
couples battle out their disputes publicly in a courtroom, collaborative law
offers a
calmer alternative of dispute resolution.
In other words, it offers both a "no fault" and "no fight" divorce for clients
who want to
avoid conflict in the divorce process.
Collaborative law is a process where all parties commit to resolving their
differences
fairly instead of through the nauseating and expensive process of divorce and
courtroom
brawls. The divorce is settled by agreement without going to court (or
threatening to go
to court).
1. The Commitment
* Collaborative Law is a process whereby both parties and counsel commit
themselves to resolving their differences fairly without resort or threat of
resort to the
courts. The process allows you to work out your divorce issues by agreement,
with you
and your spouse avoiding courtroom brawls and the formal discovery process.
* Collaborative Law relies on an atmosphere of honesty, cooperation, integrity
and
professionalism geared toward the future well being of the family.
* Collaborative Law engages in informal discussions and conferences to settle
all
issues.
* Collaborative Law requires each party and each attorney to take a reasoned
position on all issues. Where such positions, differ, all participants use their
best efforts
to create proposals that meet the fundamental needs of both parties and, if
necessary,
to compromise to reach a settlement of all issues.
2. Trust and Verify Approach
Your lawyer and your spouse's lawyer will determine what the parties have in the
way of assets and income using an informal "trust and verify" approach, rather
than
engaging in expensive legal procedures to obtain the information. Spouses are
asked to
disclose this information voluntarily and to verify it with documentation and
tax returns.
3. Is the Process for You?
Would you benefit from:
a. A calmer, friendlier resolution of the issues of your divorce.
b. The possibility of friendship with your partner down the road.
c. Maintaining the best opportunity for co-parenting your children together.
d. Protecting your children from the harmful effects of litigating
dispute-resolution
between parents.
e. Maintaining a common circle of friends and extended family with your former
spouse.
f. Keeping private your personal affairs and avoiding the details of your
personal
situation being available in the public court record.
g. Maintaining control of decision-making and not being forced to allow
decisions
about restructuring your financial and/or child-rearing arrangements to a
stranger (i.e., a
judge).
h. Offering creative self-styled solutions to your particular situation.
4. The Downside
The process is not for everyone, however. If you cannot commit yourself to
resolving
your differences fairly, (i.e. if you are determined to angrily vent and attack
your spouse)
this concept is not for you.
5. What Happens If A Settlement Cannot Be Reached?
If the parties are unable to reach a settlement through the collaborative
process, the
collaborative lawyers will withdraw from the case and the parties are free to
retain trial
attorneys to pursue the matter in court.
6. How Do Collaborative Lawyers Work?
Informal 4 - party meetings are held in the privacy of the collaborative
lawyer's office.
The number one goal of the meeting is the future well being of you and your
family.
There is a complete, honest exchange of information.
Collaborative lawyers use creative problem-solving techniques to assist you in
producing an agreement tailored to the needs of you and your family.
Your spouse and his or her attorney are treated as part of a settlement team,
not as
adversaries.
Both attorneys are concerned about the collaborative law process, as well as the
outcome.
Your collaborative lawyers are committed to finding ways to achieve a settlement
that will work best in your case.
The basic philosophy of collaborative lawyers is to focus on a settlement rather
than
on preparation for a trial.
Your case will be settled without going to court or the collaborative lawyers
must
withdraw.
7. How to Start Your Collaborative Law Process
* First, talk with your spouse about the Collaborative Law Concept and refer
them
to our website or Brochure.
* Second, each of you will choose a collaborative lawyer.
* Third, meet with your collaborative lawyer to discuss the details of the
collaborative law process in your situation.
* Fourth, both parties and their lawyers sign a collaborative agreement and will
start the process.
* All parties and lawyers will attend the first collaborative meeting.
8. Summary
The Collaborative Law concept is new to Texas but has established itself as a
viable
alternative to divorce litigation around the country. Are you willing to attempt
to avoid the
litigious process of divorce and work towards a fair resolution of your divorce
situation,
consider the Collaborative Law resolution of your case?
Remember, the benefits of Collaborative Law include:
* AVOID COURT - Everyone can focus on a settlement without the constant
threat of going to court.
* LESS COSTLY - This process is generally less time consuming and less costly
than litigation.
* COOPERATIVE APPROACH - You are each supported and represented by
your own lawyer, so you can confidently cooperate with your spouse in resolving
your
issues.
* CLIENT PARTICIPATION - You are a vital part of the settlement team: both
parties and both attorneys.
* THE CLIENT IS IN CHARGE - The process is empowering, informative and is
much less stressful than court because you are in control of the proceedings.
* COLLABORATIVE LAWYERS - Both parties have skilled family lawyers
committed to the collaborative process so issues can be resolved fairly, without
threat of
court.
* IT WORKS! - The collaborative law process works when problem-solving is
more important than fighting and you both want fair solutions.