ARLENE RICHMAN, P.A.
Collaborative Family Law & Mediation Center
Serving Broward, Miami-Dade, & Palm Beach County
Flat Fee Available
Collaborative Family Law & Mediation Center
Serving Broward, Miami-Dade, & Palm Beach County
Flat Fee Available
Collaborative Law
by Arlene Richman, Esq.
by Arlene Richman, Esq.
Collaborative Family Law is a method of resolving disputes whereby the attorney's for both parties, as well as the parties themselves, agree to assist each other in resolving conflicts and reaching agreement using cooperative strategies rather than adversarial techniques and litigation. The parties and attorneys agree that they will not go to court during the time they are working towards settlement. A key element of a collaborative practice is the premise that if an agreement is not reached, the attorneys withdraw and will not engage in a litigated action.
Collaborative Family Law combines the positive qualities of litigation and mediation. Each party has an independent attorney who will give them quality legal advice and will advocate for their needs. However, the parties and attorneys commit to an open and honest exchange of information and a commitment to settle without going to court.
In Collaborative Family Law the parties maintain control over the decision making process rather than letting a judge decide. Parties to family disputes often have continuing relationships with each other, as co-parents or through a circle of friends. Collaborative law increases the possibility of maintaining a civil relationship.
Collaborative Family Law should also dramatically reduce legal fees and costs. The lawyers do not engage in extensive depositions, hearings, a trial, and other adversarial proceedings. There is no "battle of the experts" since should appraisals or evaluations be necessary, the parties jointly agree on the expert. The focus on settlement moves the case to resolution faster than the typical court-directed case.
Collaborative Family law is appropriate for dissolution actions, as well as post-dissolution disputes.
In other words:
- Both parties and attorneys commit themselves to settle your case without court or the threat of going to court.
- The goal is to reach a resolution which meets the needs and concerns of all the parties in an equitable manner.
- Custody issues will be negotiated in a way that protects the children from the dispute.
- Should the parties require the services of an accountant, or mental health professional, both parties will agree on the person to be used to help facilitate the process or a resolution.
- The parties, and their attorney sign a "Participation Agreement" which outlines the obligations and responsibilities of each towards the process. Click Here for a sample Participation Agreement.
- Both parties have lawyers committed to the process of Collaborative Family Law. Should either party, or their attorney, resort to the use of court, the collaborative process is considered broken and each party must obtain new counsel. This is a key element of the collaborative process.
The parties have expressly decided to work together with their attorney to resolve their issues without extensive, expensive, and often emotionally draining litigation. The attorney will no longer have the individuals as clients if court is the only solution.
Since the parties have usually resolved many issues before encountering a roadblock, all participants have a vested incentive to discuss ideas to resolve the problem and move forward with a settlement, a settlement that both parties and their attorney's have worked together to reach.
Click Here for a visual presentation about Collaborative Family Law.
Click Here for an overview of the benefits of collaborative law.
It is important that the lawyer you select has had training in the collaborative law process as well as the lawyer your spouse selects.
COLLABORATIVE LAW
The sane way to divorce and resolve disputes.