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Collaborative Law is a unique and voluntary conflict resolution process.
The essence of the process is the shared belief that the parties and their
families should make the decisions and create the solutions to their issues
that work best for their individual circumstances, rather than asking a
court to do that for them.
How does the process work?
- Each spouse or parent retains a collaborative lawyer to represent their
interests and to help them to advocate effectively for themselves.
- All parties sign a participation
agreement committing to settlement of the issues without going to
court.
- Everyone agrees to openly and honestly disclose all information that
is important to making decisions about the issues and to negotiating in
good faith.
- Both parties and their lawyers meet in face-to-face discussions - outside
of a courtroom - to exchange information about assets, debts, sources
and amounts of income and any other matters important to that family.
- The parties are encouraged and assisted in identification of short-term
and long-term needs and concerns, and possible solutions are explored.
- The needs of any children are considered and given priority.
- Other professionals such as accountants, appraisers, communication coaches,
and child specialists may be retained to assist the parties in obtaining
information or developing options for resolution, if needed in a specific
case.
- The parties reach a mutually-acceptable resolution of their issues that
they believe to be fair and to meet their respective needs.
- The lawyers prepare a settlement agreement and any other legal documents
required to effectuate the parties' resolution.
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