Collaborative law refers to the process of removing disputes from the “fight and win” setting of a courtroom into a “troubleshoot and problem solve” setting of negotiations. Thus, a collaborative law divorce is a process by which parties use mediation and negotiations to settle their divorce. Note that it takes two willing participates for a collaborative law divorce to work. If your spouse is reluctant, mediation and negotiations may be fruitless.
What are the benefits of using a collaborative divorce?
- Informal setting
- Information exchange is free, open, informal and honest
- Saves time
- You can decide how to handle post-settlement disputes
- You negotiate a result that works for you
What is the process of a collaborative law divorce?
Our attorneys understand the mediation and negotiation process of collaborative divorce. We work closely with you to find out what you want to accomplish through the process, what your limits are, what you are willing to ultimately accept. For example, items such as child support need to be hammered out before collaborative negotiations begin. Know what you need, and why.
Eventually, we meet with your spouse and spouse’s attorney. This “four-way” meeting will probably occur on a regular basis. Collaborative divorces often include other professionals like child custody specialists and accountants. It is important that these individuals are party-neutral so that their input is not influenced by bias. Typically, party-neutral professionals of this sort are committed to helping you settle your case outside of court.
Sometimes, if the parties are having difficulties reaching agreements, a licensed mediator is brought into the picture. Mediators are individuals who are knowledgeable of the law and procedures and are strategic and skilled in guiding the parties to reach an agreement they are satisfied with.
Both parties and their attorneys sign a “no court” agreement that directs both of the attorneys to withdraw from the case if the case does continue to litigation in court.
Contact a family or domestic relations court to file your divorce papers and settlement agreement. Because you have gone through a collaborative law divorce, this filing will be a simple, uncontested procedure.
Collaborative divorce can save you time, money, and the stress of litigation. At Mahoney Nashatka Richmond, we are here to help you reach a solution that is best for everyone involved.