HOW DOES IT WORK?
The collaborative law process is authorized by and described at Family Law Code Section 2019 Its subpart (b) defines it as “the process in which the parties and any professionals engaged by the parties to assist them to agree in writing to use their best efforts and to make a good faith attempt to resolve disputes related to family law matters as referenced in subdivision (a) on an agreed basis without resorting to judicial intervention.”
Meetings take place in person or electronically between the parties, their attorneys, or other involved professionals separately or collectively. Their goal is to collect all the information needed to resolve the issues between the parties in a manner acceptable to them. The process may require the production of tax, business, and other records necessary to resolve any disputed issues.
When marriages end important issues like the division of assets, proper spousal and child support, custody and visitation must be resolved at a time when the parties find themselves in the most emotionally challenging circumstances of their lives. Radically different views of what is fair, or adequate or reasonable, have historically become the object of lengthy, unpredictable, expensive, and emotionally draining court proceedings.
Our mission is to present you with an alternative, one where the parties, each with their own attorney, work in a private setting towards resolving all issues in a respectful and constructive manner. Where an issue or issues cannot be resolved informally, we will represent you before the court that does so the court will do so . as well as their attorney, is committed to nd must be committed to has their own attorney This requires each participant and their attorneys to actEach party has their own attorney to assist them in reaching constructive and binding solutions on all issues. Where issues cannot be resolved, your attorney will represent you in the court pris cannot be done outside the court, we will represent in the court proceedings that resolve them.
We cant to help you bear the unbearableall court proceedings pen issued will be resolved byOnly when parties reach an impasse are court proceedingsCourt proceedings only prove necessary when there is an impasse. ONly when you reach an impasse do we resort to formal court poCourt proceedingsand resorting to court only when the parties reach an impasse.s collaboration---working towards constructive solutions We do so encouragingguide you throughCollaborative law is the most effective method of resolving issues our marriage related issue. when the marriage ends. In a private setting.the parties, each working with his or her own attorney and other professionals when needed, create shared solutions in an atmosphere of mutual respect and cooperation. The process may be ended by either party at any time but those who assisted them may not participate in any court proceedings follows it.
WHAT ARE THE ADVANTAGES?
Two important ones have already been mentioned You are engaged in a private rather than a public process, court proceedings, and consequently set and act at your own pace. Court proceedings, whose cost rises exponentially with the number of contested issues, are far more expensive than the collaborative approach. Costs are also reduced by a shared expert who examines financial issues and provides unbiased opinions Perhaps most important of all, you are supported by a team whose goal is finding resolution rather than feeding confrontation.
AM I A GOOD CANDIDATE?
This depends on several factors. Can you and your spouse put aside the feelings that prevent rational and cost-effective choices? Are you willing to make sacrifices on some issues if it leads to an overall positive result? Can you let other members of your team act for you if a matter is too sensitive for your personal involvement?
Above all, are you and your spouse capable of taking a step back and making well-calculated rather than emotional decisions?