Collaborative Law: Family Law Attorneys
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Kristen A. "Kris" Algert
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Rebecca L. Armstrong
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Taylor Toombs Imel
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David S. Bouschor II
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Understanding Collaborative Law in Family Law
When facing a divorce, separation, or child custody dispute, the legal process can often be stressful, expensive, and emotionally draining. Collaborative law offers a fundamentally different approach – one that prioritizes communication, cooperation, and finding solutions that meet the needs of all parties involved, particularly children. This method focuses on resolving legal issues outside of the traditional courtroom setting.
At its core, collaborative law is based on a set of agreements entered into by both parties and their attorneys. These agreements outline how the legal team will work together to resolve the case. It’s a commitment to honest and open communication, and a willingness to explore options that might not be immediately obvious under a more litigious approach.
- What is Collaborative Law? Collaborative law is a process where divorcing couples and their children’s parents work together with trained attorneys to reach agreements on all aspects of their case – parenting, property division, child support, and other relevant issues.
- Key Principles: The process is built on four key principles: Disclosure, which requires full and honest exchange of information; Confidentiality, ensuring private discussions; Participation, where each party actively contributes to the resolution; and Efficiency, striving to resolve issues quickly and cost-effectively.
- How it Differs from Traditional Litigation: Unlike traditional litigation, collaborative law aims to avoid going to court. The goal is to reach a mutually acceptable agreement through negotiation, mediation, and other alternative dispute resolution techniques. If an agreement cannot be reached, the collaborative process ends, and each party is free to pursue other legal options, such as traditional litigation.
- Suitable Cases: Collaborative law is particularly well-suited for cases where divorcing parties are willing to communicate constructively, prioritize their children's well-being, and are committed to finding a fair and lasting resolution.
Benefits of Collaborative Law:
- Reduced Conflict: The focus on communication and cooperation significantly reduces conflict, leading to a more amicable and less stressful process.
- Cost-Effective: Collaborative law is typically less expensive than traditional litigation due to the reduced need for extensive court battles and discovery.
- Greater Control: Parties retain control over the outcome of their case, rather than having a judge impose a decision.
- Focus on Long-Term Solutions: Collaborative law emphasizes creating sustainable solutions that address the long-term needs of families and children.
Our experienced attorneys are skilled in collaborative law and dedicated to helping families resolve their legal disputes in a respectful, efficient, and effective manner. We believe that collaborative law is a powerful tool for achieving positive outcomes for our clients and their families. If you are considering collaborative law, we encourage you to schedule a consultation to discuss your situation and determine if this approach is right for you.