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About the Collaborative Process
of Family Law
What is the collaborative practice of law?
The collaborative practice of law is a way of practicing law whereby the lawyers
for both of the parties to a family dispute agree to assist the parties in resolving
conflict using cooperative strategies rather than adversarial techniques and
litigation. Early nonadversarial participation by the lawyers allows them to
use attributes of good lawyering frequently not utilized in the usual adversarial
proceedings---namely use of analysis and reasoning to solve problems, generation
of options and creation of a positive atmosphere for settlement.
How do lawyers operate in a collaborative law practice?
While no two cases or collaborative lawyers are alike, the emphasis in the
approach is to find a way in which the lawyers can work with the parties
that will achieve a satisfactory settlement in an efficient, cooperative
manner. This might include "four-way" settlement conferences where the parties
meet with their collaborative lawyers to work on settlement.
Basically, however, your lawyers are committed to finding ways to achieve settlement
that will work best in your case. Their philosophy is that as much effort should
be exerted toward settlement as is traditionally spent in preparation for and
conducting a trial.
What happens if settlement cannot be reached?
In the event the parties are unable to arrive at a settlement through a collaborative
approach, the lawyers withdraw from the case and the parties are free to
retain trial lawyers to pursue their matter in court. The result is that
the parties will have had the best representation for each phase of their
proceeding and materials accumulated during the collaborative stage will
be transmitted to the trial lawyer so that there is minimal loss of continuity.
Why should we consider retaining collaborative lawyers?
- This process is generally less costly and time-consuming than litigation.
- You are each supported by your lawyers and yet you work cooperatively with
your spouse and their lawyer in resolving your issues.
- You retain control of the process. The process does not control you.
The process is much less anxiety producing than court proceedings or the
threat of such proceedings.
- Everyone can focus on settlement, without the imminent threat of "going
to court."
- The possibility exists that the participants can create a climate that
facilitates "win-win" settlements.
- The process is much less time consuming than the traditional litigation
model. The case can be finalized within a short time after an agreement is
reached---rather than getting bogged down waiting for court dates.
- Your case may be resolved with dignity, which may be of great benefit to
the entire family.
- The parties and their lawyers work together as partners in the process,
with the parties participating in a fully informed manner.
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pmarcus@nycollaborativeprofessionals.org
347.462.9868
"We have been able to get along reasonably well these past
few days, with just a few flare ups, (chalking those up to being totally exhausted)
and even our [real estate] attorney (whom we've known for years) said to us at
the end...."hey
wait a minute, aren't you guys getting divorced...my god, you guys are acting
so civil to each other without any problems, I totally forgot about the separation." He
went on to remark that he had been to closings where there was a lot of fighting
going on amongst the divorcing couple, etc. LOL."
-B.W., client
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