Collaborative Law in Family Disputes

 Posted on February 14, 2014 in Collaborative Law

Collaboration during a hotly contested issue is often difficult for the parties involved, but the rewards can be greater because the parties reach a mutual resolution together. Collaborative law is a form of alternative dispute resolution. Regardless of the situation in which you find yourself, this method of dispute resolution is an option that should always be considered.

How it Works

Collaborative law is not about taking sides. Typically, these negotiations see the conflicted parties negotiating with each other to reach a mutually beneficial outcome. As this is a voluntary process, the parties must agree to pursue this form of dispute resolution, but the benefits of doing so include a reduction in the amount of money spent on the conflict, and a reduction in the time necessary to reach the desired resolution.

As part of the process, each party still retains their own individual attorneys to assist with the collaborative law process and settlement of the disputes at issue. Additionally, other professionals, such as a financial advisor, may be included in the process to develop equality in the division of all assets and debts of the parties. Because this is a voluntary process, the parties have to agree, via a contract, to disclose relevant documents and information pertinent to the issue. The parties also agree to be respectful to each other and the process. Additionally, the process includes agreements meant to protect children, avoid court, share the costs of any necessary experts, and above all, seek amicable solutions to the issues they face.

How Collaborative Law is different from Mediation

Collaborative law often takes several sessions to reach a resolution. In many instances, collaborative law is confused with mediation, yet the two are entirely different. Mediation is more a singular instance that is often ordered by the court prior to litigation. In mediation, a neutral third party facilitates the desires of the conflicted parties and in some cases; the parties may lack the benefit of representation. The mediation process also lacks the openness and relationship building nature of the contract that the parties execute as a trust building mechanism.

Legal Help

Regardless of the situation in which you find yourself, collaborative law can be a first step attempt to resolve the disputed issues. Beyond that, negotiations between the parties and/or mediation are all tools that Nick Richardson utilizes to reach the desired results. Collaborative law can provide the assistance you need to reach the resolution you desire. Call 847.873.6741 or contact the Law Office of Nick Richardson, P.C., to discuss your options.