What Is Collaborative Law?

Another dispute resolution method in divorce is collaborative law. Like mediation, this is a process that promotes the amicable resolution of divorce issues outside the courtroom. However, mediation is different from collaborative law. In mediation, parties do not have to have attorney representation (although it is strongly recommended). In collaborative law, each party must have counsel, preferably a lawyer trained in collaborative law.

The Collaborative Law Process

Collaborative law is designed to help parties in a divorce resolve all of their divorce issues. The goal is to avoid litigation and to agree amicably on a divorce settlement. Both parties and their respective collaborative law attorneys sign a pledge to resolve their divorce through collaborative law. However, if at some point either party decides they do not want to move forward with the agreement or have changed their mind, they can back out and seek other options. The caveat in this instance is that both collaborative law attorneys are required to withdraw representation entirely. This leaves both parties in need of new counsel. That is why it is almost always in everyone's best interest to seek a resolution through collaborative law once the process has commenced.

During the collaborative law process, the parties can have separate negotiation sessions. When they occur and how many is entirely up to the parties. Furthermore, collaborative law attorneys can bring in other experts and specialists to help with the negotiations, such as financial experts, child psychologists, divorce coaches and more.

The Benefits Of Collaborative Law

There are many benefits to choosing collaborative law to resolve a divorce case. Many of these benefits are similar to utilizing mediation. Some of these benefits include:

  • Is often less time-consuming and more cost-efficient

  • Keeps certain types of divorce information private (such as financial problems)
  • Allows children to have a say in the divorce process in a healthy environment
  • Promotes amicable and productive talks
  • Gives parties a chance to create a customized divorce agreement

Remember, these are just a few of the many benefits collaborative divorce can provide. If collaborative law sounds like the right avenue for your own divorce situation, seek the counsel of an experienced divorce attorney.

I am divorce attorney Agnes Rybar. I have practiced solely family law my entire career. I am trained in collaborative law and can help you with all of your divorce issues. Contact me online or call The Law Office of Agnes Rybar, LLC, at 848-480-1428 for a confidential consultation.

Toms River, New Jersey