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ARTICLES
COLLABORATIVE FAMILY LAW:
A non-traditional legal approach to divorce
 
[Published in Legal Matters Column, Kent Reporter]

By Sara Wahl

Divorce, unfortunately, is not uncommon. A divorce can sometimes inflict long-term damage, both emotionally and financially, to at least one, and sometimes more, family members. Collaborative Family Law is an emerging area of law that helps clients resolve family law cases such as divorce, separation, parenting issues and other issues, without the devastating effects or financial implications of fighting things out in court.
In a Collaborative Law case, each client is represented by an attorney that practices Collaborative Law. Clients and attorneys, as well as any other needed professionals, sign a participation agreement that lays out the process and all parties� commitment to avoiding litigation. Everyone, the two attorneys and the two clients, all work together to seek out options, sometimes creative ones, which address both clients� interests and concerns.
Both clients share all information regarding the case, voluntarily disclosing everything needed to make a fair settlement. Both clients make a good faith effort to look for resolutions that meet all family members� needs. And all parties agree to deal honestly and respectfully with each other. Essentially both clients are agreeing that they do not want a judge to make the decisions in their case when they have the ability to do it without court intervention.

Four Way Meetings
Most of the work in Collaborative Law cases occurs in a Four-Way meeting. A Participation Agreement is signed by all parties at the first meeting, as well as addressing immediate concerns such as parenting, child support, bills, etc. Meetings are generally about 2 hours in length, and are held about 3 weeks apart. The Four-Way meetings continue until a full settlement has been reached.

Collaborative Law Professionals and Experts
Sometimes, as in traditional family law cases, professionals are needed to address certain issues such as finances, parenting, mental health, real estate, etc. In Collaborative Family Law cases, these professionals are used on a joint basis to help the parties come up with solutions based on their professional expertise, limiting the need and cost of having two professionals with the same area of expertise.

Collaborative Law provides the clients with the opportunity to reach amicable, long-term resolutions which preserve the family legacy; this is often overlooked in a traditional divorce. The Collaborative process helps clients understand that the process doesn�t end when the divorce is final; there are still graduations, weddings, the births of grandchildren, and other family events that will be shared for many years.

To learn more about collaborative law, you can visit the following websites:
Washington Collaborative Law and International Academy of Collaborative Professionals