Collaborative Law
The Process
The process of Collaborative Law offers clients the option of going through the process of separation or divorce, negotiating custody and support arrangements for children, and negotiating domestic partnership or pre-nuptial agreements in a cooperative, respectful way. The key element of Collaborative Law is that the negotiations take place in four-way meetings where both parties and their attorneys are present. All four sign a Participation Agreement, which commits everyone to working together, in good faith, to reach a durable, acceptable agreement. Clients are encouraged to consider their short- and long-term goals (the latter often includes their wish to co-parent successfully and attend major events in their children’s lives together). In the traditional legal model, these are not considered to be “legal” issues, but they are very important to our clients. All parties agree to full and complete disclosure, and we use neutral, jointly retained experts as needed.
The hallmark of the process is a commitment to work towards a negotiated settlement rather than resort to litigation. Each client retains the right to withdraw from the Collaborative Law process and litigate. If they do so, both parties’ attorneys are disqualified and the parties proceed to litigation with new attorneys. This feature ensures a cooperative, confidential negotiating environment, where neither party uses withdrawal or litigation as a threat and the attorneys are committed to helping the clients reach an agreement.
Collaborative Law is not for all clients or all attorneys. However, clients who choose this process benefit from a faster and less expensive process than litigation. In addition, the chances of successful co-parenting and a civil relationship between former spouses or partners are greatly increased.
For more information about the local Collaborative Law group, contact the Collaborative Family Lawyers of Central New York. Mariette Geldenhuys is the founder and first president of this group. Information about the process and practice groups in other parts of the country and world is available at www.collaborativepractice.com.
Why clients have chosen Collaborative Law
“[I chose Collaborative Law because of my] commitment to be non-confrontational and non-litigious in coming to an agreement about how to bring the marriage to a fair and equitable conclusion.”
“It is [a] less confrontational, more efficient (and therefore less expensive) and in general less stressful way of working out a separation.”
“[I] wanted to keep [the] focus on kids, make it as much of a positive experience as possible.”
What clients have said about Collaborative Law
“If you are able to walk into the process personally committed to a non-confrontational approach to resolving difficult matters, the Collaborative Law Process allows for the crafting of a solution/resolution that is fair and equitable when the assistance of counsel - to both parties - is advisable.”
“I can’t imagine using a different process as successfully.”
“This was a very positive experience.”