Friday, July 1, 2016

Do You Want Attention to Details in a Divorce?

Collaborative Law is promoted as being a different process from Litigation for many different reasons.  There are some differences that aren't often emphasized that can be very important to many people.

Usually, attorneys talk about having a series of short, private meetings.  They talk about the agreement to not go to Court, but instead to work directly in the meetings.  They talk about the requirement for the attorney to withdraw in the event the process breaks down, and how that is the great incentive to keep negotiating by trying new approaches.  Those are all significant differences from Litigation.

But, there are some other differences that have a cumulative major positive effect on the outcome of a case. They may sound minor, but they all add value to a problem-solving orientation.
  • There's an agenda for each meeting and we stick to it.  That reduces surprises, limits the topics under discussion and makes it easier to prepare for a meeting.
  • Minutes are taken.  We have a record after each meeting of what was discussed and what agreements were made, as well as what the plans are for future meetings.
  • After each meeting, we have de-briefings.  The attorneys meet briefly with their clients to find out if there are any questions or concerns and to see how the client is feeling.  After that meeting, the attorneys and other professionals meet to review the meeting, plan for the future and consider how to deal with any problems that may have come up.
  •  We use experts well.  We usually have a neutral therapist and a neutral financial advisor.  We can hire joint experts for tax issues, appraisals, psychological evaluations or other needs. There is a lot of freedom to bring in a variety of people, if we can benefit from them.
  • It's a very private process.  Staying away from hearings, Discovery and other distractions, we can quietly work on the important issues.  We can help professionals, wealthy people and celebrities, among others, who don't want their private lives shared with the world. 
If you're facing a divorce or have some other Family Law issues, talk to a trained, experienced Collaborative Lawyer about whether the Collaborative process would benefit you.

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