WHAT ARE THE ADVANTAGES OF COLLABORATIVE PRACTICE?
Since collaborative law is designed solely for the purpose for settlement negotiation, neither attorney involved may become the "attorney of record" and represent the client in court. This takes away "positioning," personal attacks and the threat of court as a weapon during negotiations. This is particularly important in cases where the parties are not on the same emotional and financial footing.

Collaborative negotiation has tangible benefits that are not readily seen until the process has begun. Since the parties make a commitment not to litigate, the parties and the attorneys devote all of their efforts to a negotiated settlement (agreement) in an efficient and cooperative manner. Further, the parties develop a rapport with both attorneys. This takes away from the mistrust and fundamental differences each party brings to the divorce process that can cause mediation to fail or create prolonged litigation. Both parties can actively participate in their cases while, at the same time, having their interest protected -- thanks to the presence of attorneys. Each party can only benefit by a process that does not involve court intervention, requires full disclosure and exchange of information and provides and opportunity for the parties and attorneys to engage in effective problem-solving in a totally confidential manner.

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WHAT IS THE PROCESS OF COLLABORATIVE PRACTICE?
The roles of the attorneys are very important to the process and are carefully defined and limited. The attorneys act to encourage and explore the entire range of settlement options and alternatives. The attorneys exchange information, research and ideas and commit themselves (and the clients) to resolving the issues.

It is very likely that the first meeting will be spent collecting information from each party, their positions and desires. The attorneys will then review the information to seek out possible solutions and explore the entire range of settlement options and alternatives. It is at this point that it is very important that you have chosen a qualified attorney (i.e., someone with specialization in Family Law) so that he or she may best analyze all options available to you and your spouse, including considering all tax ramifications of any agreement you may enter into.

After all of the information has been gathered and reviewed, negotiations can then begin. It is important that all of the information has been gathered and looked at so that any practical proposals for settlement can be considered. It would not be a good idea to agree to divide a 401(k) plan if there is no idea as to its value and what the potential tax consequences may be. It may even be necessary to seek outside assistance from a CPA, actuary, or real estate appraiser.

Is is at this stage that it is imperative that each party and their attorneys take a pragmatic stance on the issues to encourage settlement and, if reasonable, compromise to reach this settlement. Recently approved Guidelines and Principles Governing the Collaborative Law Process and the Stipulation of Order Re: Collaborative Law have come into use in formalizing and completing the process.

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WHAT ARE THE COST BENEFITS OF COLLABORATIVE PRACTICE?
Having two attorneys involved would seem to produce the same cost as litigation. It really does not. In a traditional setting of two parties, two attorneys, costs quickly add up with court appearances (and the time spent waiting for the case to be called), preparation for court, depositions and other formal discovery methods. Collaborative negotiation allows the parties to focus on their own issues and control the process as compared to the control attorneys and the court have in litigation.

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What are the Advantages of Collaborative Practice?

What is the Process of Collaborative Practice?

What are the Cost Benefits of Collaborative Practice?