FAQ Collaborative Family Law

Collaborative Family Law is a non-adversarial approach to resolving family disputes. Parties work with trained attorneys to negotiate and find mutually agreeable solutions. This process involves meetings where both parties, their lawyers, and professionals collaborate to reach a settlement.

Key to Collaborative Family Law is openness and respect. Parties share information honestly and work towards a solution that meets everyone’s needs, especially children. If the process fails, the attorneys must withdraw, encouraging settlement.

This approach often results in less stress and stronger relationships compared to traditional litigation. It’s beneficial for families seeking a private and amicable resolution.

Meetings involve parties, lawyers, and professionals discussing issues. Experts help with specific needs like child custody or finances. Open communication is encouraged. The goal is a mutually acceptable settlement. If no agreement, the case can still be resolved, but lawyers must withdraw.

Collaborative Family Law focuses on child well-being. It promotes cooperation, involves child specialists, and reduces stress on children. This approach creates a supportive environment for children during family transitions.

Collaborative Family Law attorneys play a critical role in facilitating amicable resolutions to family disputes. Their primary responsibilities include:

• Advising Clients: Attorneys provide comprehensive legal guidance, helping clients understand their rights, options, and potential outcomes. They ensure clients make informed decisions throughout the collaborative process.
• Facilitating Negotiation: Attorneys actively promote productive discussions between parties, fostering a collaborative and respectful environment. They help clients explore various solutions and negotiate mutually beneficial agreements.
• Drafting Agreements: Once a settlement is reached, attorneys skillfully draft legally binding documents that formalize the agreement. These documents are submitted to the court for approval.
• Maintaining Cooperation: Attorneys are committed to the collaborative process and work diligently to avoid adversarial tactics. They focus on building trust, maintaining open communication, and encouraging a constructive resolution.

Collaborative attorneys must possess a unique blend of legal expertise and interpersonal skills. They need a deep understanding of family law principles and procedures, as well as the ability to effectively communicate with clients, facilitate negotiations, and build rapport with other professionals involved in the process.

Both Collaborative Family Law and mediation aim for out-of-court dispute resolution. However, they differ significantly.

In Collaborative Family Law, parties hire trained attorneys. They meet to discuss solutions with attorneys and professionals. Attorneys are committed to avoiding litigation and must withdraw if the case goes to court.

In Mediation, a neutral third party (mediator) helps parties communicate and find solutions. The mediator doesn’t provide legal advice and doesn’t represent either party. Parties work towards settlement with the mediator’s guidance. Mediation generally involves a single mediator and can be less formal, focusing solely on facilitating communication and negotiation between the parties.

Costs vary based on case complexity, professionals involved, and process duration. It can be more cost-effective than traditional litigation.

1.  Attorneys’ Fees: Each party hires their own collaboratively trained attorney. These fees are typically billed at hourly rates and can accumulate based on the time spent on meetings, negotiations, and drafting legal documents.
2. Additional Professionals: Depending on the needs of the case, other professionals such as financial experts, child specialists, or mediators may be involved. Their fees are additional and vary based on their expertise and the extent of their involvement.
3. Administrative Costs: There may be administrative costs associated with the collaborative process, such as the preparation of documents or the use of meeting spaces.

Despite these, Collaborative Family Law can be cheaper than litigation, reducing emotional stress and potential for prolonged disputes.

Finding a collaborative family lawyer involves several steps to ensure that you select a qualified and experienced professional who is well-suited to handle your case. Here are some tips to help you find the right attorney:

1. Seek Referrals: Start by asking for referrals from friends, family, or colleagues who have experience with collaborative law. Personal recommendations can provide valuable insights into the attorney’s skills and approach.
2. Research Qualifications: Look for attorneys who are specifically trained and certified in Collaborative Family Law. Membership in professional organizations, such as the International Academy of Collaborative Professionals (IACP) or local collaborative practice groups, can indicate a commitment to this approach.
3. Consultations: Schedule consultations with potential attorneys to discuss your case and assess their experience and approach. During the consultation, inquire about their experience with collaborative cases, their strategy for your situation, and their fees.
4. Evaluate Compatibility: Choose an attorney with whom you feel comfortable and who demonstrates a collaborative mindset. The success of the collaborative process relies on open communication and mutual respect, so it’s important to select someone who aligns with these principles.

By following these steps, you can find a collaborative family lawyer who is well-equipped to help you navigate the collaborative process and work toward a resolution that meets your needs.