The process operates in an environment grounded in good faith, cooperation, integrity, honesty and professional ethics to facilitate the resolution without litigation.
The couple and their lawyers enter into a Participation Agreement wherein they agree to work together to achieve a satisfactory settlement in a cooperative manner.
The participants agree to voluntarily disclose all relevant information and to cooperatively resolve all issues outside of litigation. Settlement is accomplished through informal discussions, settlement conferences, mediations and other amicable alternatives. The use of experts may be necessary and is encouraged where their involvement can assist in the collaborative process. Collaborative Family Lawyers work toward settling your case rather than preparing for and conducting a trial which may result in savings, both financial and emotional, to you and your family.
•Atmosphere of cooperation
•Retaining control of the settlement process
•No adversarial environment
•Greater privacy and confidentiality
•Savings of time and of money
Both lawyers must withdraw from the case. The lawyers will assist the parties in finding new counsel who can pursue their case in court, and will work to make a smooth transition for their clients.
Share this information with your spouse and encourage him or her to also hire an attorney who is familiar, trained and committed to the collaborative law process. The attorneys may then confer and schedule the first four-way meeting to review your situation and sign a participation agreement if the collaborative approach is appropriate for your case.
Yes. If your spouse’s lawyer will agree to utilize the collaborative law process, the action may be dismissed or abated.