Yes. As part of their training, collaborative lawyers learn how to deal with high-conflict individuals. We are also trained with mental health professionals providing guidance on how to identify people who have personality disorders. There’s a range of people on the spectrum, some of whom are on the low end and are very easily able […]
Collaborative Family Law
Have you ever experienced a case where somebody was clearly using the collaborative process to delay the divorce outcome?
Perhaps if they never intended to go through with the process and planned to torpedo it at the end so both parties would have to go back to square one?
What happens if a couple doesn’t reach a settlement during the collaborative process?
Statistically, approximately 88% of all cases that start off in collaboration are resolved through collaboration. If you’re looking at the 12% that perhaps transition to litigation, that’s what happens when the collaborative process reaches an impasse that can’t be otherwise resolved. One or both of the attorneys would submit a notice of termination of the […]
Are children involved in the collaborative process?
In some instances, we’ve actually had pictures of the children with us while we’re talking about them and discussing what’s in their best interest. They’re not necessarily involved in the case itself – for instance, being interviewed or directly providing their input – but we do use a method of finding out what’s in their […]
What has been your experience with people asking you to help make decisions for them during the collaborative divorce process?
It’s important that people have informed consent to make decisions; it’s important that there is transparency from each party when they’re going through a divorce. The client’s role is to be an open book, to have good faith intentions when they enter the collaborative process, and to make the final decisions with some guidance from […]
What are the lawyers’ roles in collaborative divorce?
Lawyers are basically the navigators in collaborative divorce; we try to help navigate people through the divorce process. The clients are in charge of the process, because they’re the ones who have to decide what they wish to do with guidance from the attorneys. To use an example of an airplane: the attorneys are the […]
Is the collaborative process also faster than traditional litigation?
In addition to being generally less expensive than litigation, is the collaborative process is also faster than traditional litigation?
What might influence a divorcing couple to choose collaborative divorce over other processes?
Many people think it will be cheaper. On average, the collaborative process is about one-third the cost of a litigated matter – at least, according to studies conducted by the International Academy of Collaborative Professionals. Cost is certainly an influencing factor for a divorcing couple; however, the other benefits are the individual attention you receive […]
Is it necessary to have two lawyers in a collaborative case or can a divorcing couple share one lawyer to save money?
It is really an axiom of collaborative divorce to have two lawyers working together on a case. By definition, it would not be a collaborative law case if only one lawyer were involved and the other party were representing himself or herself. The stipulation that is signed to allow the case to proceed collaboratively requires […]
Can all family law issues be resolved using the collaborative approach or are some better suited to it than others?
Some family law issues are better suited to collaborative law than others. For example, if there is domestic violence and a pattern of abuse, then the parties might not be good candidates for a dissolution through a collaborative approach; they might need the finality of a judge’s decision in order to protect their interests. Founding […]
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