Engaging in a collaborative process can offer a constructive pathway through the challenging landscape of family law disputes. By prioritizing mutual respect and open communication, this approach aims to minimize conflict, promote mutual understanding, and foster more equitable resolutions.
Here are key elements and steps typically involved in the collaborative process:
1. Agreement to Collaborate: Both parties must agree to participate in the collaborative process and commit to resolving their differences outside of court. Each party selects their own collaboratively trained attorney who will guide them through the process.
2. Disclosure and Transparency: Both parties provide full and honest disclosure of their financial and other relevant information. This ensures that all parties have a clear understanding of the assets, debts, and other relevant factors that will affect the settlement negotiations.
3. Negotiation and Communication: The parties, along with their respective attorneys, engage in a series of meetings and negotiations to address the various issues of the divorce, such as property division, child custody (timesharing), child support, spousal support, and any other relevant matters. In paternity actions, matters related to divorce are excluded. The focus is on open and effective communication between the participants and professionals involved, with the aim of reaching mutually acceptable solutions.
4. Collaborative Team: In addition to the spouses and their attorneys, the collaborative process involves other neutral professionals, such as facilitators and financial professionals that are part of the core team. They process may also involve child specialists, divorce coaches, real estate professionals, estate planning professionals, etc. Essentially any professional that may assist the particular clients with any matters that are relevant to their case. These professionals provide guidance and expertise in their respective areas to help facilitate productive discussions and aid in decision-making.
5. Win-Win Approach: Unlike traditional litigation, where there tends to be a winner and a loser, collaborative divorce encourages a “win-win” mentality. The goal is to find creative solutions that meet the interests and needs of both spouses and any children involved. This approach often leads to more satisfactory and sustainable agreements.
6. Finalizing the Agreement: Once the participants have reached an agreement on all the relevant issues, the attorneys prepare the necessary legal documents to formalize the settlement. These documents are then submitted to the court for approval, finalizing the process.
The Collaborative Process provides a less adversarial and more cooperative way of navigating the complexities of family law issues. It emphasizes open communication, efficiency, and problem-solving, ultimately aiming to minimize conflict and promote a smoother transition for all involved parties.
