Many people intrigued by the concept of mediation are unwilling or hesitant to proceed without an attorney, even with a neutral mediator present. Collaborative law offers a cooperative forum and yet retains the protections of individual representation. Contact an attorney experienced in collaborative law at our firm today to discuss your case.
Using Collaborative Law to Solve Family Law Problems
Collaborative law can produce mutually satisfying solutions without the emotional conflict and expense of traditional divorce negotiation and litigation. The process gives the parties control over the outcome, produces more predictable results and can build a framework for future cooperative problem solving.
Attorney Sue Brown uses the techniques of collaborative law and mediation exclusively because she believes they provide families with the best means for navigating transitions in a positive way. Mediation and collaborative practice focus on solutions for the future, rather than problems of the past.
Some basic information about collaborative law appears below. You probably have additional questions about your situation.
If you would like to learn more about the collaborative law process, call 888-855-8063 toll free or send an e-mail to schedule an appointment with lawyer Sue Brown.
Located in Chapel Hill, the firm serves clients in The Triangle and elsewhere in North Carolina.
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Sue Brown is a mediator certified by the State Dispute Resolution Commission and has received special training in mediation techniques and the collaborative law process.
While the primary application of collaborative law is to achieve separation and divorce agreements, the technique can also be applied to post-divorce matters such as child custody, visitation and child support.
Collaborative Law - An Overview
Lawsuits can be time-consuming and expensive, and can take an emotional toll on all of those involved. While the formalities of the traditional adversarial process may be necessary to protect the parties' interests in some cases, the parties can save themselves time, money and stress if they are willing to work together in the collaborative law process. If you believe your legal situation can best be resolved through collaborative law, contact A Fresh Start Mediation in Chapel Hill, North Carolina to discuss your matter. An attorney experienced in the collaborative method can review your case and help you determine the best way to seek resolution.
What is Collaborative Law?
Collaborative law was developed in Minneapolis in 1989 by Stuart Webb. As a family law attorney, Webb became discouraged by the effects of litigation on families and sought a new approach to deal with the matters more effectively. Collaborative law strives to take animosity and distrust out of the process. For the method to work, the parties must be willing to work with one another in a respectful, cooperative environment toward shared goals.
During the collaborative process, each party is represented by independent counsel. The attorneys and the parties sign an agreement or stipulation agreeing to work together and negotiate in good faith towards a resolution. This includes mutual disclosure of any information necessary to assess the parties' claims, including financial documents.
The parties then schedule a series of four-way meetings. During these meetings, the parties will voluntarily exchange documents and other information with one another. They also may request the use of certain experts and professionals, such as financial consultants, accountants, appraisers and child development specialists.
The parties must participate in the process and work together in good faith. They cannot threaten litigation or take action to move the matter to court. If this happens or the parties cannot come to an agreement and the matter must go to court, the attorneys must withdraw from representation and the parties must secure new counsel. Additionally, any experts or other professionals who provided assistance during the collaborative process may not be used in a subsequent court proceeding. Any information or documentation gathered during the collaborative process also may not be used in court, unless the parties made a prior agreement stating otherwise.
When Should Collaborative Law Be Used?
While collaborative law has most often been used to resolve family law issues, the approach is gaining wider use in other areas, such as probate, business disputes and employment law matters. However, collaborative law is not the best method for every case. Some factors that should be considered before using a collaborative law approach include:
- Do the parties have a desire or need for a continued relationship with one another?
- Is there high emotional involvement between the parties that would best be addressed and resolved for the future?
- Is prompt resolution desired?
- Would the parties prefer not to have their dispute aired in public?
- Do the legal matter and the parties' circumstances lend itself to a less formal process?
- Are the parties interested in and able to be active participants in the process?
- Do the parties want more creative and individualized solutions that take into account their personalities and ethical and spiritual values?
The most important consideration is whether the parties can work cooperatively together. If one party has more power over the other, or if there are allegations of abuse, or if there is simply too much anger between the parties, the traditional litigation process is a better option.
Advantages of Collaborative Law
Proponents of the collaborative process often cite the following reasons why collaborative processes are better than adversarial processes:
- Clients have more control over their lives. Clients, rather than judges, shape the outcome of the case
- Greater potential for positive future relationships. Parties can create an environment for the future in which they continue to have a mutually respectful relationship
- Lower costs. Generally, in collaborative cases parties are able to avoid the costs of discovery, trial preparation and litigation
- Less stress. Collaboration, by definition, lessens the amount of stress felt by those involved in the process by removing the adversarial approach from the proceedings
- Focus on problem solving. In many cases utilizing the collaborative process, the parties enlist a team of problem solvers, whereas in the adversarial process, each side often hires experts for the sole purpose of discrediting the arguments and evidence of the opposing party
- Better outcomes. Conventional cases may settle on the courthouse steps under great pressure and after considerable legal fees and emotional hardship. From the outset of a collaborative case, however, parties are committed to settling and finding win-win solutions together
Conclusion
If the parties are willing to work together to find an agreeable solution to their legal matters, the collaborative approach can save considerable economic and personal resources. If you are in the midst of a dispute involving a continuing relationship and want to avoid contentious litigation, an attorney trained and experienced in the collaborative law approach from A Fresh Start Mediation in Chapel Hill, North Carolina can help. Call A Fresh Start Mediation today.
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