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1337 St. Clair Ave.
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Solving Your Problems with Collaborative LawCollaborative Law [and its variations, Collaborative Practice and Collaborative Divorce] is one way of resolving family law disputes; its essential component is a four-way participation agreement signed by two parties (husband and wife, mother and father, or partners) and two specially-trained collaborative attorneys (and other professionals as needed) that they will work as a team to resolve all their issues and will not go to court. This is the newest development in what courts and divorce professionals call Alternative Dispute Resolution. How does it work?The term "Collaborative Practice" encompasses all of the models that have been developed since Minnesota lawyer Stu Webb created the Collaborative Law model in the 1980s. Each client has the protection and guidance of his or her own lawyer. The lawyers and the clients together are the Collaborative Law component of Collaborative Practice. While collaborative lawyers are always a part of the process, some models offer clients the option of starting their divorce with divorce coaches, child specialists, financial experts, or mediators. Where the client enter the process depends on which professional they meet first and what process makes them the most comfortable. Although Collaborative Law comes in many forms, the process is distinguished from the traditional court process, which may include litigation, by its inviolable core elements: a contractual commitment among the clients and their chosen professionals that they: * will negotiate a mutually acceptable settlement without using the court system to decide any issues, * understand that the professionals must withdraw from the process if either client resort to the court system, * will engage in open communication and information sharing, and * create shared solutions that take into account the highest priorities and interests of both parties. What is the underlying philosophy?Respect for self and others The reality is that about 50% of all marriages end in divorce and countless non-marital relationships fail, too. But the family's reality dos not have to include emotional devastation, as is so often the case. Collaborative law is practiced by lawyers and other family professionals that want to help families through a process which is not merely legal but also physical, emotional, and even spiritual. It is an alternative to “divorce as usual” and is designed to minimize the hurt, the loss of self esteem, the anger and alienation that occur too frequently with divorce. The Collaborative Law philosophy is built on a belief in human dignity and respect. Individuals may cease being partners, but they don't cease being human beings worthy of respect. Every part of Collaborative Law—from open communications to solutions-based negotiation to out-of-court settlement—is intended to foster respect. When respect is given and received, self esteem is more readily preserved, and then discussions are more productive and agreements more easily reached. The goal is a final agreement that is the very best two people can make, for themselves, their children, and others who are affected, including extended family members. This leads to a very different result from what comes from a judge making all the decisions without knowing any of the people or their children. The training of Collaborative Practitioners includes theories developed by academics who have worked in the field of alternative dispute resolution for years. One example is "Needs-based Negotiation", developed by Roger Fisher, and William Ury, who wrote "Getting to Yes". Collaborative Practitioners seek to help their clients understand what their needs and goals really are and help them to avoid staking out "positions", which stop progress of negotiations. The end of a marriage or relationship is difficult enough. As a Collaborative Attorney, I believe that the process of separation and divorce shouldn't add to the pain, but should help everyone look forward to a better life. Is Collaborative Practice for You?
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home Copyright 2007, Mary Antonia Wilmes |
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