How does collaborative law work for family law disputes?

The Collaborative Law process requires the parties to agree to this form of dispute resolution up front. A Collaborative Participation Agreement is signed by the parties and their attorneys. The parties commit themselves to settling their dispute without adversarial court intervention. The collaborative process is concluded by a collaborative settlement agreement, singed by the parties, resolving all matters considered in the collaborative process, or such portion of those matters as they were able to resolve.

During the collaborative process neither party will file any pleading or motion in court, nor will either party initiate court intervention during the collaborative process. If either party initiates court process then the collaborative process is terminated.

If the collaborative process fails, both attorneys and their respective law firms are disqualified from representing either party in the ensuing divorce process because what may otherwise be confidential client information has been shared between the parties and counsel.

The parties also agree to full disclosure of all relevant financial and personal information without the necessity of formal court procedures (commonly referred to as discovery). This self-disclosure requirement is a major distinction between collaborative process and litigation process.

Comments

[ClubPenguinCheats]

The parties commit themselves to settling their dispute without adversarial court intervention.