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