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F R E Q U E N T L Y  A S K E D  Q U E S T I O N S

What are the Benefits of Collaborative Family Law?

• It creates an environment where communication remains open, where you can work with your spouse to meet your families needs, now and in the future.
• It establishes a team instead of adversaries.
• Should an expert opinion be needed, the team can jointly hire one independent consultant. This can shorten duration and lessen the expense.
• Agreements are shaped jointly, thus both parties are more likely to keep them.
• Parental conflict is lessened, helping to protect the children from divided loyalties.
• Meetings can be scheduled without waiting for court dates. This can lessen the time and money spent, as well as reduce the anxiety associated with court proceedings.
• Because you agree not to litigate, your issues stay within the team setting, providing more privacy and less stress.

For Whom is Collaborative Law a Good Idea?

Collaborative Law is for divorcing couples who would like skilled legal representation, but who do not want the stress and animosity caused by litigation.

For What Type of Client Does Collaborative Law Work?

People who have at least "a little good will" toward their spouse and the desire to work out a settlement. Without that small bit of openness in the process, collaborative law will probably not work. Collaborative law requires clients who want to make their own decisions regarding their lives, and who are capable of seeing more than one way to resolve an issue.

Can I Get Full Representation if I Agree Not to Litigate?

The Collaborative lawyer does not give up the role of advocate for the client. The clients have agreed to limit the lawyer's role to that of providing representation for settlement purposes only. The client retains control.

Can a Party Quit During the Process?

Yes. A party may quit the collaborative process, however per the participation agreement, the party must then hire other counsel. The other side will also be hiring a litigator. Control may be lost.

Why Must a Lawyer Resign if the Other Side Decides to Go to Court?

The requirement that all lawyers must withdraw in the event of a breakdown, assures that all counsel will be totally motivated to make the process work.

How is the Lawyer/Client Relationship Different?

The lawyer never ceases to be the client's advocate, however, they will encourage the client to be open about their needs and to listen to and respect the other side's needs, the goal being a mutually agreeable settlement.

Can One Lawyer Practice Collaborative Law if the Other Side Has Not Signed a Participation Agreement?

It is generally assumed that all parties will sign the participation agreement, however circumstances may vary so that only one attorney might be hired for settlement purposes only.

How is Collaborative Law Different from Mediation?

Mediation involves the use of a third party neutral, and the attorneys still act as adversaries. In collaborative cases lawyers and their clients will negotiate with or without the use of a mediator.

What is the end result of a Collaborative Law Case? How Are Interests, Rights, and Agreements Secured?

The parties can conclude however they wish. There are no formal limitations to what parties can agree to do to solve their problems.

How Does the Practice of Collaborative Law Affect Attorney's Fees?

Representation and fee agreements between attorney and client are not directly affected by the participation agreement. However, avoiding the cost of litigation, trial preparation and court time will greatly reduce the overall cost of a case.

What Can Collaborative Lawyers Do If Negotiations Reach Impasse?

Collaborative lawyers can agree to hire experts to advise and assist and a mediator can be hired at any time.

Is a Collaborative lawyer Required to Disclose Information That the Other Side has not Requested, but which May be Important to the Case?

Yes. In the Collaborative Law process, the attorneys and parties are committed to providing each other with the information they need to resolve their dispute.

What happens if a Party Doesn't Fulfill its Disclosure obligation under the Participation Agreement?

Participation if the collaborative law process is based on premise that all (parties and attorneys) have acted in good faith to reach a fair resolution. When an attorney learns that his/her client has withheld or misrepresented information, the participation agreement requires the collaborative lawyer to withdraw.

What if, sometime after entering into a Settlement Agreement as a result of a Collaborative Law Process, a Collaborative Lawyer discovers that the other party failed to disclose information that should have been disclosed?

Such a Settlement Agreement is no different from any other negotiated settlement agreement, and no more or less susceptible to being challenged for such a reason.

What if the Settlement is Not Achieved Cooperatively?