Collaborative Divorce
The most significant developments in collaborative law have been in the family law arena. In fact, many people talking about "collaborative law" are actually referring to collaborative divorce.
If you are interested in learning more about the advantages of collaborative divorce, contact Stanger & Arnold LLP. in West Hartford, Connecticut to speak with an attorney experienced in collaborative law.
How It Works
In the collaborative family law model, parties and their attorneys work together to achieve win-win solutions. The parties sign an agreement that sets out how the process will work and promise to work together in good faith to resolve their divorce. Nearly all negotiations take place in a series of four-way meetings with the parties and their attorneys. These meetings also may include experts, such as child behaviorists, depending upon the specific issue to be addressed.
The parties agree to exchange all necessary information openly so that discovery costs are minimized. If the parties are simply unable to resolve their issues, they may still resort to a traditional divorce. In order to do so they must retain new lawyers, and unless both parties consent, the information brought to light during the collaborative process may not be used in the courtroom.
Partial Agreements
In some instances, parties are able to resolve some, but not all, of the disputes at issue in their divorce. In this case, the parties may:
- Opt to end the process and begin again
- Decide to sign a partial agreement and then go to court to resolve the remaining issues
- Elect to hire a mediator to help them resolve the remaining issues
- Submit the unresolved issues to an arbitrator
- Have previously chosen in their collaborative stipulation a procedure for bringing individual, discrete issues before the court for decision, while proceeding with the collaborative divorce on the rest of the case
Even in cases that are not completely settled, many participants of the collaborative process find that costs are reduced, time is shortened and the negative fall-out of the adversarial process is dramatically decreased.
Conclusion
Divorce is always difficult. However, many attorneys and clients agree that the collaborative divorce approach greatly decreases the potential for negative outcomes.
Contact Stanger & Arnold LLP. in West Hartford, Connecticut to learn more about this unique approach to divorce.
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