As a collaborative lawyer, I represent a client in a negotiated settlement process in which both parties and both attorneys are committed to resolving issues without Court involvement. Collaborative negotiation may resolve any of the practice areas listed under legal representation. Whether the issue is a divorce, child-related, or financial, a collaborative approach offers each party the benefit of legal representation within a highly motivated settlement context. At the beginning of the process, the parties and attorneys sign a written agreement which establishes that in the unlikely event that settlement negotiations are unsuccessful, neither collaborative attorney can represent his or her collaborative client in any subsequent Court action. That agreement provides a powerful incentive to settle.
As with mediation, collaborative law requires that both parties provide honest and complete disclosure of all financial matters within the negotiation, as there is no opportunity for Court involvement to discover financial information. Therefore, collaborative law may not be the right format to resolve a particular dispute if there is a concern about honesty and disclosure.
Collaborative lawyers have the training and experience to assist the parties through the negotiation process in a civil and efficient manner. When appropriate, allied professionals including therapists, financial planners, and accountants, can provide support, education, and guidance. Collaborative representation is a marriage of the best qualities of both traditional legal representation and mediation, providing for individually tailored legal advice within a friendly, settlement-oriented process.
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